4. A contestant of an election may inspect all of the
material relating to that election which is preserved pursuant to subsection 1
or 2, except the voted ballots.

5. The voted ballots deposited with the city clerk are
not subject to the inspection of any person, except in cases of a contested
election, and only by the judge, body or board before whom the election is
being contested, or by the parties to the contest, jointly, pursuant to an
order of the judge, body or board.

6. As
used in this section, vaults of the city clerk means any place of secure
storage designated by the city clerk.

Sec. 8. This act becomes effective upon passage and
approval.

________

CHAPTER 147, AB 116

Assembly Bill No. 116Assemblyman Carpenter

CHAPTER 147

AN ACT relating to
crimes; requiring a law enforcement agency and juvenile court to provide
certain requested investigative and police reports within a specific period;
excluding contributory conduct of a victim of domestic violence or sexual
assault from consideration in certain determinations of compensation to the
victim; and providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

To receive compensation from the Fund for the
Compensation of Victims of Crime, a fund which is created in existing law, a
victim must submit an application to a compensation officer appointed by the
State Board of Examiners, who conducts an investigation, determines eligibility
and renders a decision about the payment of compensation to the victim. (NRS
217.090, 217.100, 217.260) During an investigation, a compensation officer may
order certain reports, including investigative and police reports. (NRS
217.110)

Section 1 of this bill requires a law enforcement
agency or juvenile court, as applicable, to provide the compensation officer
with a copy of the requested investigative and police reports within 10 days
after the receipt of such a request or within 10 days after the report is
completed, whichever is later. Section 2 of this bill exempts certain
contributory conduct of a victim in cases involving domestic violence or sexual
assault from the required considerations of a compensation officer in
determining whether to make an order for compensation.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
217.110 is hereby amended to read as follows:

217.110 1. Upon receipt of an application for
compensation, the compensation officer shall review the application to
determine whether the applicant qualifies for compensation. The compensation
officer shall deny the claim within 5 days after receipt of the application if
the applicants ineligibility is apparent from the facts stated in the
application. The applicant may appeal the denial to a hearing officer within 15
days after the decision.

If the hearing officer determines that the applicant may be
entitled to compensation, the hearing officer shall order the compensation
officer to complete an investigation and render a decision pursuant to
subsection 2. If the hearing officer denies the appeal, the applicant may
appeal to an appeals officer pursuant to NRS 217.117.

2. If the compensation officer does not deny the
application pursuant to subsection 1, or if he is ordered to proceed by the
hearing officer, he shall conduct an investigation and, except as otherwise
provided in subsection [4,]6, render a decision within 60 days after his
receipt of the application or order. If , in conducting his investigation , the compensation officer
believes that:

(a) Reports on the previous medical history of the
victim;

(b) An examination of the victim and a report of that
examination;

(c) A report on the cause of death of the victim by an
impartial medical expert; or

(d) Investigative or police reports,

Κ would aid
him in making his decision, the compensation officer may order the reports.

(a) A
natural person, other than a minor, who committed a crime against the victim, a
law enforcement agency shall provide the compensation officer with a copy of
the requested investigative or police reports
within 10 days after receipt of the request or within 10 days after the reports
are completed, whichever is later.

(b) A minor
who committed a crime against the victim, a juvenile court or a law enforcement
agency shall provide the compensation officer with a copy of the requested
investigative or police reports[.] within 10 days after receipt of the
request or within 10 days after the reports are completed, whichever is later.

4. A law enforcement
agency or a juvenile court shall not redact any information, except information deemed confidential, from an investigative or police report
before providing a copy of the requested report to a compensation officer
pursuant to subsection 3.

5. Any
reports obtained by a compensation officer pursuant to [this]
subsection 3 are
confidential and must not be disclosed except upon the lawful order of a court
of competent jurisdiction.

[4.] 6. When additional reports are requested
pursuant to subsection 2, the compensation officer shall render a decision in
the case, including an order directing the payment of compensation[,]
if compensation is due, within 15 days after receipt of the reports.

Sec. 2. NRS
217.180 is hereby amended to read as follows:

217.180 1. [In]Except as otherwise provided in
subsection 2, in determining whether to make an order for
compensation, the compensation officer shall consider the provocation, consent
or any other behavior of the victim that directly or indirectly contributed to
his injury or death, the prior case or social history, if any, of the victim,
the need of the victim or his dependents for financial aid and other relevant
matters.

2. If the
case involves a victim of domestic violence or sexual assault, the compensation
officer shall not consider the provocation, consent or any other behavior of
the victim that directly or indirectly contributed to his injury or death.

3. If
the applicant has received or is likely to receive an amount on account of his
injury or the death of another from:

(a) The person who committed the crime that caused the
victims injury or from anyone paying on behalf of the offender;

(b) Insurance;

(c) The employer of the victim; or

(d) Another private or public source or program of
assistance,

Κ the
applicant shall report the amount received or that he is likely to receive to
the compensation officer. Any of those sources that are obligated to pay an
amount after the award of compensation shall pay the Board the amount of
compensation that has been paid to the applicant and pay the remainder of the
amount due to the applicant. The compensation officer shall deduct the amounts
that the applicant has received or is likely to receive from those sources from
the applicants total expenses.

[3.] 4. An order for compensation may be made
whether or not a person is prosecuted or convicted of an offense arising from
the act on which the claim for compensation is based.

[4.] 5. As used in this section[, public]:

(a) Domestic
violence means an act described in NRS 33.018.

(b) Public
source or program of assistance means:

[(a)] (1) Public assistance, as defined in NRS
422.050 and 422A.065;

[(b)] (2) Social services provided by a social
service agency, as defined in NRS 430A.080; or

[(c)] (3) Other assistance provided by a public
entity.

(c) Sexual
assault has the meaning ascribed to it in NRS 200.366.

Sec. 3. This act becomes effective upon passage and
approval.

________

κ2009
Statutes of Nevada, Page 524κ

CHAPTER 148, AB 117

Assembly Bill No. 117Committee on Corrections,
Parole, and Probation

CHAPTER 148

AN ACT relating to
convicted persons; making various changes relating to parole hearings; and
providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Section 4 of this bill
authorizes the State Board of Parole Commissioners to grant parole to a
prisoner without a meeting if the Board anticipates that parole will be
granted. (NRS 213.130)

Section 5 of this bill
provides that a member of the Board or a case hearing representative may
recommend releasing a prisoner on parole without a hearing if certain
conditions are met. Section 5 also provides that such a recommendation
remains subject to final approval by a majority of the Board. (NRS 213.133)

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1-3. (Deleted by amendment.)

Sec. 4.
NRS 213.130 is hereby amended to read as follows:

213.130 1. The Department
of Corrections shall:

(a) Determine when a
prisoner sentenced to imprisonment in the state prison is eligible to be
considered for parole;

(b) Notify the [State]
Board [of Parole Commissioners] of the
eligibility of the prisoner to be considered for parole; and

(c) Before a meeting to
consider the prisoner for parole, compile and provide to the Board data that
will assist the Board in determining whether parole should be granted.

2. If a prisoner is being
considered for parole from a sentence imposed for conviction of a crime which
involved the use of force or violence against a victim and which resulted in
bodily harm to a victim and if original or duplicate photographs that depict
the injuries of the victim or the scene of the crime were admitted at the trial
of the prisoner or were part of the report of the presentence investigation and
are reasonably available, a representative sample of such photographs must be
included with the information submitted to the Board at the meeting. A prisoner
may not bring a cause of action against the State of Nevada, its political
subdivisions, agencies, boards, commissions, departments, officers or employees
for any action that is taken pursuant to this subsection or for failing to take
any action pursuant to this subsection, including, without limitation, failing
to include photographs or including only certain photographs. As used in this
subsection, photograph includes any video, digital or other photographic
image.

3. Meetings to consider
prisoners for parole may be held semiannually or more often, on such dates as
may be fixed by the Board. All meetings are quasi-judicial and must be open to
the public. No rights other than those conferred pursuant to this section or
pursuant to specific statute concerning meetings to consider prisoners for
parole are available to any person with respect to such meetings.

4. Not later than 5 days
after the date on which the Board fixes the date of the meeting to consider a
prisoner for parole, the Board shall notify the victim of the prisoner who is
being considered for parole of the date of the meeting
and of his rights pursuant to this subsection, if the victim has requested
notification in writing and has provided his current address or if the victims
current address is otherwise known by the Board.

meeting and of his rights pursuant
to this subsection, if the victim has requested notification in writing and has
provided his current address or if the victims current address is otherwise
known by the Board. The victim of a prisoner being considered for parole may
submit documents to the Board and may testify at the meeting held to consider
the prisoner for parole. A prisoner must not be considered for parole until the
Board has notified any victim of his rights pursuant to this subsection and he
is given the opportunity to exercise those rights. If a current address is not
provided to or otherwise known by the Board, the Board must not be held
responsible if such notification is not received by the victim.

5. The Board may deliberate
in private after a public meeting held to consider a prisoner for parole.

6. The Board of State
Prison Commissioners shall provide suitable and convenient rooms or space for
use of the Board.

7. If a victim is notified
of a meeting to consider a prisoner for parole pursuant to subsection 4, the
Board shall, upon making a final decision concerning the parole of the
prisoner, notify the victim of its final decision.

8. All personal
information, including, but not limited to, a current or former address, which
pertains to a victim and which is received by the Board pursuant to this
section is confidential.

9. The Board may grant parole without a meeting,
pursuant to NRS 213.133, but the Board must not deny parole to a
prisoner unless the prisoner has been given reasonable notice of the meeting
and the opportunity to be present at the meeting. If the Board fails to provide
notice of the meeting to the prisoner or to provide the prisoner with an
opportunity to be present and determines that it may deny parole, the Board may
reschedule the meeting.

10. During a meeting to
consider a prisoner for parole, the Board shall allow the prisoner:

(a) At his own expense, to
have a representative present with whom he may confer; and

(b) To speak on his own
behalf or to have his representative speak on his behalf.

11. Upon making a final
decision concerning the parole of the prisoner, the Board shall provide written
notice to the prisoner of its decision not later than 10 working days after the
meeting and, if parole is denied, specific recommendations of the Board to improve
the possibility of granting parole the next time the prisoner is considered for
parole, if any.

12. For the purposes of
this section, victim has the meaning ascribed to it in NRS 213.005.

Sec. 5.
NRS 213.133 is hereby amended to read as follows:

213.133 1. Except as
otherwise provided in subsections 6
,[and] 7[,]and 8, the Board may
delegate its authority to hear, consider and act upon the parole of a prisoner
and on any issue before the Board to a panel consisting of:

(a) Two or more members of
the Board, two of whom constitute a quorum; or

(b) One member of the Board
who is assisted by a case hearing representative.

2. No action taken by any
panel created pursuant to paragraph (a) of subsection 1 is valid unless
concurred in by a majority vote of those sitting on the panel.

3. The decision of a panel
is subject to final approval by the affirmative action of a majority of the
members appointed to the Board. Such action may be taken at a meeting of the
Board[,]
or without a meeting by the delivery of written approval to the Executive Secretary of the
Board.

4. The degree of complexity
of issues presented must be taken into account before the Board makes any
delegation of its authority and before it determines the extent of a
delegation.

5. The Board shall adopt
regulations which establish the basic types of delegable cases and the size of
the panel required for each type of case.

6. A hearing concerning the
parole of a prisoner or any decision on an issue involving a person:

(a) Who committed a capital
offense;

(b) Who is serving a sentence
of imprisonment for life;

(c) Who has been convicted of
a sexual offense involving the use or threat of use of force or violence;

(d) Who is a habitual
criminal; or

(e) Whose sentence has been
commuted by the State Board of Pardons Commissioners,

Κ
must be conducted by at least three members of the Board, and action may be
taken only with the concurrence of at least four members.

7. If a recommendation made
by a panel deviates from the standards adopted by the Board pursuant to NRS
213.10885 or the recommendation of the Division, the Chairman must concur in
the recommendation.

8. A member of the Board or a person who has been
designated as a case hearing representative in accordance with NRS 213.135 may
recommend to the Board that a prisoner be released on parole without a meeting
if:

(a) The prisoner is not serving a sentence for a crime
described in subsection 6;

(b) The parole standards created pursuant to NRS
213.10885 suggest that parole should be granted;

(c) There are no current requests for notification of
hearings made in accordance with subsection 4 of NRS 213.130; and

(d) Notice to law enforcement of the eligibility for
parole of the prisoner was given pursuant to subsection 5 of NRS 213.1085, and
no person objected to granting parole without a meeting during the 30-day
notice period.

9. A recommendation made in accordance with
subsection 8 is subject to final approval by the affirmative action of a
majority of the members appointed to the Board. The final approval by
affirmative action must not take place until the expiration of the 30-day
notice period to law enforcement of the eligibility for parole of the prisoner
in accordance with subsection 5 of NRS 213.1085. Such action may be taken at a
meeting of the Board or without a meeting of the Board by delivery of written
approval to the Executive Secretary of the Board by a majority of the members.

Sec. 6. The amendatory
provisions of sections 4 and 5 of this act apply to any prisoner who is in the
custody of the Department of Corrections before, on or after July 1, 2009.

Sec. 7. This act becomes
effective on July 1, 2009.

________

κ2009
Statutes of Nevada, Page 527κ

CHAPTER 149, AB 123

Assembly Bill No. 123Committee on Health and Human
Services

CHAPTER 149

AN ACT relating to public health; requiring offices of physicians and
related facilities to obtain a permit and national accreditation before
providing certain services involving anesthesia and sedation; providing
an exception for certain offices and facilities; requiring
surgical centers for ambulatory patients to obtain national accreditation;
requiring annual inspections of such offices, facilities and surgical centers;
requiring that copies of reports relating to the use of anesthesia and sedation
by physicians be submitted to the Health Division of the Department of Health
and Human Services; and providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law requires certain medical facilities,
including hospitals, psychiatric hospitals, community triage centers and
surgical centers for ambulatory patients, to be licensed by the Health Division
of the Department of Health and Human Services. (NRS 449.030)

Sections 9-11 of this bill require offices of
physicians and other facilities providing health care that are not licensed as
a medical facility by the Health Division to obtain a permit from the Division
before offering general anesthesia, conscious sedation or deep sedation and
prescribe the procedure for obtaining such a permit. The office or facility
must maintain current accreditation by a nationally recognized accrediting
organization approved by the State Board of Health.

Section 12 of this bill requires each surgical
center for ambulatory patients to maintain current accreditation by a
nationally recognized accrediting organization approved by the State Board of
Health.

Section 13 of this bill requires the Health
Division to conduct annual and unannounced inspections of each office and
facility which holds a permit issued by the Health Division and each surgical
center for ambulatory patients which holds a license issued by the Health
Division.

Section 14 of this bill prescribes the sanctions
which the Health Division may impose for a violation of sections 3-15 of
this bill by an office or facility or by a surgical center for ambulatory
patients.

Section 15 of this bill requires the State Board
of Health to prescribe regulations to carry out the provisions of sections
3-15 of this bill, including fees for the issuance and renewal of permits.
The regulations are subject to review by the Legislative Committee on Health
Care. (NRS 439B.225)

Section 8 of this bill provides that sections
3-15 of this bill do not apply to an office of a physician or other
facility that is not licensed as a medical facility if the office or facility
only administers medication to a patient to relieve the patients anxiety or
pain in certain circumstances.

Existing law requires a physician licensed to practice
medicine or osteopathic medicine to report the number and types of surgeries
requiring conscious sedation, deep sedation or general anesthesia performed by
the physician at his office or certain other facilities. (NRS 630.30665,
633.524) Sections 20 and 23 of this bill require the Board of Medical
Examiners and the State Board of Osteopathic Medicine to forward to the Health
Division such reports.

2. The Committee shall review each regulation that a
licensing board proposes or adopts that relates to standards for [licensing]the issuance or renewal of
licenses, permits or certificates
of registration [or to the renewal of a license or certificate of registration]
issued to a person or facility regulated by the board, giving consideration to:

(a) Any oral or written comment made or submitted to it
by members of the public or by persons or facilities affected by the
regulation;

(b) The effect of the regulation on the cost of health
care in this State;

(c) The effect of the regulation on the number of
licensed , permitted or
registered persons and facilities available to provide services in this State;
and

(d) Any other related factor the Committee deems
appropriate.

3. After reviewing a proposed regulation, the
Committee shall notify the agency of the opinion of the Committee regarding the
advisability of adopting or revising the proposed regulation.

4. The Committee shall recommend to the Legislature as
a result of its review of regulations pursuant to this section any appropriate
legislation.

Sec. 2. Chapter
449 of NRS is hereby amended by adding thereto the provisions set forth as
sections 3 to 15, inclusive, of this act.

Sec. 3. As
used in sections 3 to 15, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 4 to 7, inclusive, of this
act have the meanings ascribed to them in those sections.

Sec. 4. Conscious
sedation means a minimally depressed level of consciousness, produced by a
pharmacologic or nonpharmacologic method, or a combination thereof, in which
the patient retains the ability independently and continuously to maintain an
airway and to respond appropriately to physical stimulation and verbal
commands.

Sec. 5. Deep
sedation means a controlled state of depressed consciousness, produced by a
pharmacologic or nonpharmacologic method, or a combination thereof, and
accompanied by a partial loss of protective reflexes and the inability to
respond purposefully to verbal commands.

Sec. 6. General
anesthesia means a controlled state of unconsciousness, produced by a
pharmacologic or nonpharmacologic method, or a combination thereof, and
accompanied by partial or complete loss of protective reflexes and the inability
independently to maintain an airway and respond purposefully to physical
stimulation or verbal commands.

Sec. 7. Physician
means a person who is licensed to practice medicine pursuant to chapter 630 of
NRS or osteopathic medicine pursuant to chapter 633 of NRS.

Sec. 8. The
provisions of sections 3 to 15, inclusive, of this act do not apply to an
office of a physician or a facility that provides health care, other than a
medical facility, if the office of a physician or the facility only administers
a medication to a patient to relieve the patients anxiety or pain and if the
medication is not given in a dosage that is sufficient to induce in a patient a
controlled state of depressed consciousness or unconsciousness similar to
general anesthesia, deep sedation or conscious sedation.

Sec. 9. 1.
An office of a physician or a facility that provides health care, other than a
medical facility, must obtain a permit pursuant to section 10 of this act
before offering to a patient a service of general anesthesia, conscious
sedation or deep sedation. An office of a physician or a facility that provides
health care, other than a medical facility, which operates at more than one
location must obtain a permit for each location where a service of general
anesthesia, conscious sedation or deep sedation is offered.

2. To offer to
a patient a service of general anesthesia, conscious sedation or deep sedation
in this State, an office of a physician or a facility that provides health
care, other than a medical facility, must maintain current accreditation by a
nationally recognized organization approved by the Board. Upon receiving an
initial permit, the office or facility shall, within 6 months after obtaining
the permit, submit proof to the Health Division of accreditation by such an
organization.

3. If an
office of a physician or a facility that provides health care, other than a
medical facility, fails to maintain current accreditation or if the
accreditation is revoked or is otherwise no longer valid, the office or
facility shall immediately cease offering to patients a service of general
anesthesia, conscious sedation or deep sedation.

Sec. 10. 1. An office of a physician or a facility that provides health care,
other than a medical facility, desiring a permit pursuant to sections 3 to 15,
inclusive, of this act must submit to the Health Division, on a form prescribed
by the Health Division and accompanied by the appropriate fee, an application
for a permit.

2. Before
issuing a permit, the Health Division shall conduct an on-site inspection
pursuant to section 13 of this act of each office of a physician or facility
that applies for a permit.

3. Upon
receipt of an application and the appropriate fee, the Health Division may,
after conducting an inspection pursuant to section 13 of this act, issue a
permit.

4. A permit
expires 1 year after the date of issuance and is renewable pursuant to section
11 of this act.

Sec. 11. 1. The holder of a permit issued pursuant to
section 10 of this act may annually submit to the Health Division, on a form
prescribed by the Health Division and accompanied by the appropriate fee, an
application for renewal of the permit before the date on which the permit
expires. The application must include proof satisfactory to the Health Division
that the office or facility maintains current accreditation by a nationally
recognized organization approved by the Board.

2. Upon
receipt of an application for renewal and the accompanying fee, the Health
Division may renew a permit.

Sec. 12. 1.To operate in this State, a surgical
center for ambulatory patients must maintain current accreditation by a
nationally recognized organization approved by the Board. Upon initial
licensure, a surgical center for ambulatory
patients shall, within 6 months after obtaining its license, submit proof to
the Health Division of the accreditation of the surgical center by such an
organization.

center for ambulatory
patients shall, within 6 months after obtaining its license, submit proof to
the Health Division of the accreditation of the surgical center by such an
organization.

2. Before issuing a license to a surgical
center for ambulatory patients, the Health Division shall conduct an on-site inspection of the
surgical center pursuant to section 13 of this act.

3.If a surgical center for ambulatory patients fails to
maintain current accreditation or if the accreditation is revoked or is
otherwise no longer valid, the surgical center shall immediately cease to
operate.

Sec. 13. 1. The Health Division shall conduct annual and unannounced on-site
inspections of each office of a physician or a facility that provides health
care, other than a medical facility, which holds a permit issued pursuant to
section 10 of this act and each surgical center for ambulatory patients which
holds a license issued pursuant to this chapter.

2. An
inspection conducted pursuant to this section must focus on the infection
control practices and policies of the surgical center for ambulatory patients,
the office or the facility that is the subject of the inspection. The Health
Division may, as it deems necessary, conduct a more comprehensive inspection of
a surgical center, office or facility.

3. Upon
completion of an inspection, the Health Division shall:

(a) Compile a
report of the inspection, including each deficiency discovered during the inspection,
if any; and

(b) Forward a
copy of the report to the surgical center for ambulatory patients, the office
of the physician or the facility where the inspection was conducted.

4. If a
deficiency is indicated in the report, the surgical center for ambulatory
patients, the office of the physician or the facility shall correct each
deficiency indicated in the report in the manner prescribed by the Board
pursuant to section 15 of this act.

5. The Health
Division shall annually prepare and submit to the Legislative Committee on
Health Care and the Legislative Commission a report which includes:

(a) The number
and frequency of inspections conducted pursuant to this section;

(b) A summary
of deficiencies or other significant problems discovered while conducting
inspections pursuant to this section and the results of any follow-up
inspections; and

(c) Any other
information relating to the inspections as deemed necessary by the Legislative
Committee on Health Care or the Legislative Commission.

Sec. 14. 1. If an office of a physician or a facility that provides health care,
other than a medical facility, violates the provisions of sections 3 to 15,
inclusive, of this act, or the regulations adopted pursuant thereto, or fails
to correct a deficiency indicated in a report pursuant to section 13 of this
act, the Health Division, in accordance with the regulations adopted pursuant
to section 15 of this act, may take any of the following actions:

(a) Decline to
issue or renew a permit;

(b) Suspend or
revoke a permit; or

(c) Impose an
administrative penalty of not more than $1,000 per day for each violation,
together with interest thereon at a rate not to exceed 10 percent per annum.

2. The Health
Division may review a report submitted pursuant to NRS 630.30665 or 633.524 to
determine whether an office of a physician or a facility is in violation of the
provisions of sections 3 to 15, inclusive, of this act or the regulations
adopted pursuant thereto. If the Health Division determines that such a
violation has occurred, the Health Division shall immediately notify the
appropriate professional licensing board of the physician.

3. If a
surgical center for ambulatory patients violates the provisions of sections 3
to 15, inclusive, of this act, or the regulations adopted pursuant thereto, or
fails to correct a deficiency indicated in a report pursuant to section 13 of
this act, the Health Division may impose administrative sanctions pursuant to
NRS 449.163.

Sec. 15. 1. The Board shall adopt regulations to carry out the provisions of
sections 3 to 15, inclusive, of this act, including, without limitation,
regulations which:

(a) Prescribe
the amount of the fee required for applications for the issuance and renewal of
a permit pursuant to sections 10 and 11 of this act.

(b) Prescribe
the procedures and standards for the issuance and renewal of a permit.

(c) Identify
the nationally recognized organizations approved by the Board for the purposes
of the accreditation required for the issuance of a:

(1) License
to operate a surgical center for ambulatory patients.

(2) Permit
for an office of a physician or a facility that provides health care, other
than a medical facility, to offer to a patient a service of general anesthesia,
conscious sedation or deep sedation.

(d) Prescribe
the procedures and scope of the inspections conducted by the Health Division
pursuant to section 13 of this act.

(e) Prescribe
the procedures and time frame for correcting each deficiency indicated in a
report pursuant to section 13 of this act.

(f) Prescribe
the criteria for the imposition of each sanction prescribed by section 14 of
this act, including, without limitation:

(1) Setting
forth the circumstances and manner in which a sanction applies;

(2) Minimizing
the time between the identification of a violation and the imposition of a
sanction; and

(3) Providing
for the imposition of incrementally more severe sanctions for repeated or
uncorrected violations.

2. The
regulations adopted pursuant to this section must require that the practices
and policies of each holder of a permit to offer to a patient a service of
general anesthesia, conscious sedation or deep sedation and each holder of a
license to operate a surgical center for ambulatory patients provide adequately
for the protection of the health, safety and well-being of patients.

Sec. 16. NRS
233B.063 is hereby amended to read as follows:

233B.063 1. At least 30 days before the time of
giving notice of its intention to adopt, amend or repeal a permanent regulation , an agency shall deliver
to the Legislative Counsel a copy of the proposed regulation. The Legislative
Counsel shall examine and if appropriate revise the language submitted so that
it is clear, concise and suitable for incorporation in the Nevada
Administrative Code, but shall not alter the meaning or effect without the
consent of the agency.

2. Unless the proposed regulation is submitted to him
between July 1 of an even-numbered year and July 1 of the succeeding
odd-numbered year, the Legislative Counsel shall deliver the approved or
revised text of the regulation within 30 days after it is submitted to him. If
the proposed or revised text of a regulation is changed before adoption, the
agency shall submit the changed text to the Legislative Counsel, who shall
examine and revise it if appropriate pursuant to the standards of subsection 1.
Unless it is submitted between July 1 of an even-numbered year and July 1 of
the succeeding odd-numbered year, the Legislative Counsel shall return it with
any appropriate revisions within 30 days. If the agency is a licensing board as
defined in NRS 439B.225 and the proposed regulation relates to standards for [licensing]the issuance or renewal of
licenses, permits or
certificates of registration [or for the renewal of a
license or a certificate of registration] issued to a
person or facility regulated by the agency, the Legislative Counsel shall also
deliver one copy of the approved or revised text of the regulation to the
Legislative Committee on Health Care.

3. An agency may adopt a temporary regulation between
August 1 of an even-numbered year and July 1 of the succeeding odd-numbered
year without following the procedure required by this section and NRS 233B.064,
but any such regulation expires by limitation on November 1 of the odd-numbered
year. A substantively identical permanent regulation may be subsequently
adopted.

4. An agency may amend or suspend a permanent
regulation between August 1 of an even-numbered year and July 1 of the
succeeding odd-numbered year by adopting a temporary regulation in the same
manner and subject to the same provisions as prescribed in subsection 3.

Sec. 17. NRS
233B.070 is hereby amended to read as follows:

233B.070 1. A permanent regulation becomes effective
when the Legislative Counsel files with the Secretary of State the original of
the final draft or revision of a regulation, except as otherwise provided in
NRS 293.247 or where a later date is specified in the regulation.

2. Except as otherwise provided in NRS 233B.0633, an
agency that has adopted a temporary regulation may not file the temporary
regulation with the Secretary of State until 35 days after the date on which
the temporary regulation was adopted by the agency. A temporary regulation
becomes effective when the agency files with the Secretary of State the
original of the final draft or revision of the regulation, together with the
informational statement prepared pursuant to NRS 233B.066. The agency shall
also file a copy of the temporary regulation with the Legislative Counsel,
together with the informational statement prepared pursuant to NRS 233B.066.

3. An emergency regulation becomes effective when the
agency files with the Secretary of State the original of the final draft or
revision of an emergency regulation, together with the informational statement
prepared pursuant to NRS 233B.066. The agency shall also file a copy of the
emergency regulation with the Legislative Counsel, together with the
informational statement prepared pursuant to NRS 233B.066.

4. The Secretary of State shall maintain the original
of the final draft or revision of each regulation in a permanent file to be
used only for the preparation of official copies.

5. The Secretary of State shall file, with the
original of each agencys rules of practice, the current statement of the
agency concerning the date and results of its most recent review of those
rules.

6. Immediately after each permanent or temporary
regulation is filed, the agency shall deliver one copy of the final draft or
revision, bearing the stamp of the Secretary of State indicating that it has
been filed, including material adopted by reference which is not already filed
with the State Library and Archives Administrator, to the State Library and
Archives Administrator for use by the public. If the agency is a licensing
board as defined in NRS 439B.225 and it has adopted a permanent regulation relating
to standards for [licensing]the issuance or renewal of licenses, permits or
certificates of registration
[or for the renewal of a license or a certificate of
registration] issued to a person or facility regulated by
the agency, the agency shall also deliver one copy of the regulation, bearing
the stamp of the Secretary of State, to the Legislative Committee on Health
Care within 10 days after the regulation is filed with the Secretary of State.

7. Each agency shall furnish a copy of all or part of
that part of the Nevada Administrative Code which contains its regulations, to
any person who requests a copy, and may charge a reasonable fee for the copy
based on the cost of reproduction if it does not have money appropriated or
authorized for that purpose.

8. An agency which publishes any regulations included
in the Nevada Administrative Code shall use the exact text of the regulation as
it appears in the Nevada Administrative Code, including the leadlines and
numbers of the sections. Any other material which an agency includes in a
publication with its regulations must be presented in a form which clearly
distinguishes that material from the regulations.

Sec. 18. Chapter
630 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A physician shall not administer or
supervise directly the administration of general anesthesia, conscious sedation
or deep sedation to patients unless the general anesthesia, conscious sedation
or deep sedation is administered:

(a) In an
office of a physician or osteopathic physician which holds a permit pursuant to
sections 3 to 15, inclusive, of this act;

(b) In a
facility which holds a permit pursuant to sections 3 to 15, inclusive, of this
act;

(c) In a
medical facility as that term is defined in NRS 449.0151; or

(d) Outside of
this State.

2. As used in
this section:

(a) Conscious
sedation has the meaning ascribed to it in section 4 of this act.

(b) Deep
sedation has the meaning ascribed to it in section 5 of this act.

(c) General
anesthesia has the meaning ascribed to it in section 6 of this act.

Sec. 19. NRS
630.306 is hereby amended to read as follows:

630.306 The following acts, among others, constitute
grounds for initiating disciplinary action or denying licensure:

1. Inability to practice medicine with reasonable
skill and safety because of illness, a mental or physical condition or the use
of alcohol, drugs, narcotics or any other substance.

(b) Which the Board has determined is a violation of
the standards of practice established by regulation of the Board; or

(c) Which is in violation of a regulation adopted by
the State Board of Pharmacy.

3. Administering, dispensing or prescribing any
controlled substance, or any dangerous drug as defined in chapter 454 of NRS,
to or for himself or to others except as authorized by law.

4. Performing, assisting or advising the injection of any
substance containing liquid silicone into the human body, except for the use of
silicone oil to repair a retinal detachment.

5. Practicing or offering to practice beyond the scope
permitted by law or performing services which the licensee knows or has reason
to know that he is not competent to perform.

6. Performing, without first obtaining the informed
consent of the patient or his family, any procedure or prescribing any therapy
which by the current standards of the practice of medicine is experimental.

7. Continual failure to exercise the skill or
diligence or use the methods ordinarily exercised under the same circumstances
by physicians in good standing practicing in the same specialty or field.

8. Making or filing a report which the licensee or
applicant knows to be false or failing to file a record or report as required
by law or regulation.

9. Failing to comply with the requirements of NRS
630.254.

10. Habitual intoxication from alcohol or dependency
on controlled substances.

11. Failure by a licensee or applicant to report in
writing, within 30 days, any disciplinary action taken against him by another
state, the Federal Government or a foreign country, including, without
limitation, the revocation, suspension or surrender of his license to practice
medicine in another jurisdiction.

12. Failure to be found competent to practice medicine
as a result of an examination to determine medical competency pursuant to NRS
630.318.

13. Failure
to comply with the requirements of section 18 of this act.

Sec. 20. NRS 630.30665 is hereby amended to read as follows:

630.30665 1. The Board shall require each holder of a
license to practice medicine to submit annually to the Board, on a form
provided by the Board, a report stating the number and type of surgeries
requiring conscious sedation, deep sedation or general anesthesia performed by
the holder of the license at his office or any other facility, excluding any
surgical care performed:

(a) At a medical facility as that term is defined in
NRS 449.0151; or

(b) Outside of this State.

2. In addition to the report required pursuant to
subsection 1, the Board shall require each holder of a license to practice
medicine to submit a report annually to the Board concerning the occurrence of
any sentinel event arising from any surgery described in subsection 1. The
report must be submitted in the manner prescribed by the Board which must be
substantially similar to the manner prescribed by the Administrator of the
Health Division [of the Department of Health and Human Services]
for reporting information pursuant to NRS 439.835.

3. Each holder of a license to practice medicine shall
submit the [report]reports required pursuant to subsections 1 and
2 whether or not he performed any surgery described in subsection 1. Failure to
submit a report or knowingly filing false information in a report constitutes
grounds for initiating disciplinary action pursuant to subsection 8 of NRS
630.306.

4. The Board shall:

(a) Collect and maintain reports received pursuant to
subsections 1 and 2; [and]

(b) Ensure that the reports, and any additional
documents created from the reports, are protected adequately from fire, theft,
loss, destruction and other hazards, and from unauthorized access[.] ; and

(c) Submit
to the Health Division a copy of the report submitted pursuant to subsection 1.
The Health Division shall maintain the confidentiality of such reports in
accordance with subsection 5.

5. Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1 or 2 is confidential, not subject to
subpoena or discovery, and not subject to inspection by the general public.

6. The provisions of this section do not apply to
surgical care requiring only the administration of oral medication to a patient
to relieve the patients anxiety or pain, if the medication is not given in a
dosage that is sufficient to induce in a patient a controlled state of
depressed consciousness or unconsciousness similar to general anesthesia, deep
sedation or conscious sedation.

7. In addition to any other remedy or penalty, if a
holder of a license to practice medicine fails to submit a report or knowingly
files false information in a report submitted pursuant to this section, the
Board may, after providing the holder of a license to practice medicine with
notice and opportunity for a hearing, impose against the holder of a license to
practice medicine an administrative penalty for each such violation. The Board
shall establish by regulation a sliding scale based on the severity of the
violation to determine the amount of the administrative penalty to be imposed
against the holder of the license pursuant to this subsection. The regulations
must include standards for determining the severity of the violation and may
provide for a more severe penalty for multiple violations.

8. As used in this section:

(a) Conscious sedation [means a minimally depressed level of
consciousness, produced by a pharmacologic or nonpharmacologic method, or a
combination thereof, in which the patient retains the ability independently and
continuously to maintain an airway and to respond appropriately to physical
stimulation and verbal commands.] has the meaning ascribed to it in section 4 of this act.

(b) Deep sedation [means a controlled state of depressed
consciousness, produced by a pharmacologic or nonpharmacologic method, or a
combination thereof, and accompanied by a partial loss of protective reflexes
and the inability to respond purposefully to verbal commands.] has the meaning ascribed to it in
section 5 of this act.

(c) General anesthesia [means a controlled state of unconsciousness,
produced by a pharmacologic or nonpharmacologic method, or a combination
thereof, and accompanied by partial or complete loss of protective reflexes and
the inability independently to maintain an airway and respond purposefully to
physical stimulation or verbal commands.] has the meaning ascribed to it in
section 6 of this act.

(e) Sentinel
event means an unexpected occurrence involving death or serious physical or
psychological injury or the risk thereof, including, without limitation, any
process variation for which a recurrence would carry a significant chance of
serious adverse outcome. The term includes loss of limb or function.

Sec. 21. Chapter
633 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. An osteopathic physician shall not
administer or supervise directly the administration of general anesthesia,
conscious sedation or deep sedation to patients unless the general anesthesia,
conscious sedation or deep sedation is administered:

(a) In an
office of a physician or osteopathic physician which holds a permit pursuant to
sections 3 to 15, inclusive, of this act;

(b) In a
facility which holds a permit pursuant to sections 3 to 15, inclusive, of this
act;

(c) In a
medical facility as that term is defined in NRS 449.0151; or

(d) Outside of
this State.

2. As used in
this section:

(a) Conscious
sedation has the meaning ascribed to it in section 4 of this act.

(b) Deep
sedation has the meaning ascribed to it in section 5 of this act.

(c) General
anesthesia has the meaning ascribed to it in section 6 of this act.

Sec. 22. NRS
633.511 is hereby amended to read as follows:

633.511 The grounds for initiating disciplinary action
pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating
the possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS;

(b) A felony relating to the practice of osteopathic
medicine;

(c) A violation of any of the provisions of NRS
616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

(d) Murder, voluntary manslaughter or mayhem;

(e) Any felony involving the use of a firearm or other
deadly weapon;

(f) Assault with intent to kill or to commit sexual
assault or mayhem;

633.524 1. The Board shall require each holder of a
license to practice osteopathic medicine issued pursuant to this chapter to
submit annually to the Board, on a form provided by the Board, and in the
format required by the Board by regulation, a report stating the number and
type of surgeries requiring conscious sedation, deep sedation or general
anesthesia performed by the holder of the license at his office or any other
facility, excluding any surgical care performed:

(a) At a medical facility as that term is defined in
NRS 449.0151; or

(b) Outside of this State.

2. In addition to the report required pursuant to
subsection 1, the Board shall require each holder of a license to practice
osteopathic medicine to submit a report annually to the Board concerning the
occurrence of any sentinel event arising from any surgery described in
subsection 1. The report must be submitted in the manner prescribed by the
Board which must be substantially similar to the manner prescribed by the
Administrator of the Health Division [of the Department of
Health and Human Services] for reporting information
pursuant to NRS 439.835.

3. Each holder of a license to practice osteopathic
medicine shall submit the [report]reports required pursuant to subsections 1 and
2 whether or not he performed any surgery described in subsection 1. Failure to
submit a report or knowingly filing false information in a report constitutes
grounds for initiating disciplinary action pursuant to NRS 633.511.

4. The Board shall:

(a) Collect and maintain reports received pursuant to
subsections 1 and 2; [and]

(b) Ensure that the reports, and any additional
documents created from the reports, are protected adequately from fire, theft,
loss, destruction and other hazards, and from unauthorized access[.] ; and

(c) Submit
to the Health Division a copy of the report submitted pursuant to subsection 1.
The Health Division shall maintain the confidentiality of such reports in
accordance with subsection 5.

5. Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1 or 2 is confidential, not subject to
subpoena or discovery, and not subject to inspection by the general public.

6. The provisions of this section do not apply to
surgical care requiring only the administration of oral medication to a patient
to relieve the patients anxiety or pain, if the medication is not given in a
dosage that is sufficient to induce in a patient a controlled state of
depressed consciousness or unconsciousness similar to general anesthesia, deep
sedation or conscious sedation.

7. In addition to any other remedy or penalty, if a
holder of a license to practice osteopathic medicine fails to submit a report
or knowingly files false information in a report submitted pursuant to this
section, the Board may, after providing the holder of a license to practice
osteopathic medicine with notice and opportunity for a hearing, impose against
the holder of a license an administrative penalty for each such violation. The
Board shall establish by regulation a sliding scale based on the severity of
the violation to determine the amount of the administrative penalty to be
imposed against the holder of the license to practice osteopathic medicine. The
regulations must include standards for determining the severity of the
violation and may provide for a more severe penalty for multiple violations.

(a) Conscious sedation [means a minimally depressed level of
consciousness, produced by a pharmacologic or nonpharmacologic method, or a
combination thereof, in which the patient retains the ability independently and
continuously to maintain an airway and to respond appropriately to physical
stimulation and verbal commands.] has the meaning ascribed to it in section 4 of this act.

(b) Deep sedation [means a controlled state of depressed
consciousness, produced by a pharmacologic or nonpharmacologic method, or a
combination thereof, and accompanied by a partial loss of protective reflexes
and the inability to respond purposefully to verbal commands.] has the meaning ascribed to it in
section 5 of this act.

(c) General anesthesia [means a controlled state of unconsciousness,
produced by a pharmacologic or nonpharmacologic method, or a combination
thereof, and accompanied by partial or complete loss of protective reflexes and
the inability independently to maintain an airway and respond purposefully to
physical stimulation or verbal commands.] has the meaning ascribed to it in
section 6 of this act.

(d) Health
Division has the meaning ascribed to it in NRS 449.009.

(e) Sentinel
event means an unexpected occurrence involving death or serious physical or
psychological injury or the risk thereof, including, without limitation, any
process variation for which a recurrence would carry a significant chance of
serious adverse outcome. The term includes loss of limb or function.

Sec. 24. The State Board of Health shall:

1. On or before October 1, 2009, adopt regulations pursuant
to section 15 of this act relating to the nationally recognized organizations
approved by the Board for the accreditation of surgical centers for ambulatory
patients required by section 12 of this act.

2. On or before January 1, 2010, adopt all other regulations required by section 15 of this act.

Sec. 25. A surgical center for ambulatory patients
that holds a license pursuant to chapter 449 of NRS which was issued before
October 1, 2009, shall, on or before March 31, 2010, submit to the Health
Division of the Department of Health and Human Services documentation that the
surgical center is accredited pursuant to the regulations adopted by the State
Board of Health in accordance with section 15 of this act.

Sec. 26. An office of a physician or a facility that
provides health care, other than a medical facility, which offers to a patient
a service of general anesthesia, conscious sedation or deep sedation must
obtain a permit pursuant to section 10 of this act on or before October 1,
2010.

Sec. 27. 1. This section and sections 1, 15, 16, 17
and 24 of this act become effective upon passage and approval for the purpose
of adopting regulations and on January 1, 2010, for all other purposes.

2. Sections 2 to 14, inclusive, 18 to 23, inclusive, 25 and
26 of this act become effective on January 1, 2010.

________

κ2009
Statutes of Nevada, Page 539κ

CHAPTER 150, AB 139

Assembly Bill No. 139Committee on Commerce and Labor

CHAPTER 150

AN ACT relating to
housing; requiring the Housing Division of the Department of Business and
Industry to create and maintain a statewide low-income housing database;
requiring certain owners of residential housing units to report to the Office
of Disability Services of the Department of Health and Human Services
information concerning each unit of housing that is available and suitable for
use by a person with a disability; and providing other matters properly
relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Under existing law, the Housing Division of the
Department of Business and Industry is responsible for increasing the
availability of decent, safe and sanitary housing for persons of low and
moderate income in this State. (Chapter 319 of NRS) Section 3 of this
bill requires the Housing Division to create and maintain a statewide
low-income housing database. The Housing Division may spend up to $175,000 each
year for the database.

Under existing law, the Office of Disability Services of
the Department of Health and Human Services is responsible for, among other
things, providing access to information about services or programs that are
available in this State for persons with disabilities. (NRS 426.235) Section
4 of this bill requires owners of residential rental housing that is affordable
housing or accessible to persons with disabilities who have received government
or other public money for that residential housing to report at least quarterly
to the Office of Disability Services information concerning each unit of the
housing that is available and suitable for use by persons with disabilities.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 319 of NRS is hereby amended by
adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. Person
with a disability has the meaning ascribed to it in NRS 433.5473.

2. The database must include, without
limitation, the compilation and analysis of demographic, economic and housing
data from a variety of sources that:

(a) Provides
for an annual assessment of the affordable housing market at the city and
county level, including data relating to housing units, age of housing, rental
rates and rental vacancy rates, new home sales and resale of homes, new
construction permits, mobile homes, lots available for mobile homes and conversions
of multifamily condominiums;

(b) Addresses
the housing needs of various population groups in Nevada, such as households
that rent, homeowners, elderly households, veterans, persons with disabilities
or special needs, homeless persons, recovering drug abusers, persons suffering
from mental health ailments and victims of
domestic violence,
with each group distinguished to show the percentage of the population group at different income
levels, and a determination of the number of households within each
special-needs group experiencing housing costs greater than 50 percent of their
income, overcrowding or substandard housing;

the percentage of the
population group at different income levels, and a determination of the number
of households within each special-needs group experiencing housing costs
greater than 50 percent of their income, overcrowding or substandard housing;

(c) Contains an
estimate of the number and condition of subsidized and other low-income housing
units at the county level and the identification of any subsidized units that
are forecast to convert to market-rate units within a 2-year planning period;

(d) Provides a
demographic and economic overview by local and county jurisdiction, if
feasible, for the population of Nevada, including age, race and ethnicity,
household size, migration, current and forecast employment, household income
and a summary relating to the effects of demographics and economic factors on
housing demand;

(e) Provides
the number of housing units available to a victim of domestic violence from any
housing authority, as defined in NRS 315.021, and from participation in the
program of housing assistance pursuant to section 8 of the United States
Housing Act of 1937, 42 U.S.C. § 1437f; and

(f) Provides
the number of terminations of victims of domestic violence in this State from
the program of housing assistance pursuant to section 8 of the United States
Housing Act of 1937, 42 U.S.C. § 1437f.

3. The costs of creating and maintaining the database:

(a) Must be
paid from the Account for Low-Income Housing created by NRS 319.500; and

(b) May not
exceed $175,000 per year.

Sec. 4. 1.
If an owner of residential housing that is offered for rent or lease in this
State and is:

(a) Accessible
to persons with disabilities; or

(b) Affordable
housing,

Κ has received any loan, grant or
contribution for the residential housing from the Federal Government, the State
or any public body, the owner shall, not less than quarterly, report to the
Office of Disability Services of the Department of Health and Human Services
information concerning each unit of the residential housing that is available
and suitable for use by a person with a disability.

2. The
Department of Health and Human Services shall adopt regulations to carry out
the provisions of this section.

3. As used in
this section, affordable housing has the meaning ascribed to it in NRS
278.0105.

Sec. 5. NRS
319.030 is hereby amended to read as follows:

319.030 As used in this chapter, the words and terms
defined in NRS 319.040 to 319.135, inclusive, and section 2 of this act have the meanings
ascribed to them in those sections.

Sec. 6. NRS
319.510 is hereby amended to read as follows:

319.510 1. Money deposited in the Account for
Low-Income Housing must be used:

(a) For the acquisition, construction or rehabilitation
of housing for eligible families by public or private nonprofit charitable
organizations, housing authorities or local governments through loans, grants
or subsidies;

(b) To provide technical and financial assistance to
public or private nonprofit charitable organizations, housing authorities and
local governments for the acquisition, construction or rehabilitation of
housing for eligible families;

(c) To provide funding for projects of public or
private nonprofit charitable organizations, housing authorities or local
governments that provide assistance to or guarantee the payment of rent or
deposits as security for rent for eligible families, including homeless
persons;

(d) To reimburse the Division for the costs of
administering the Account; and

(e) In any other manner consistent with this section to
assist eligible families in obtaining or keeping housing, including use as the
States contribution to facilitate the receipt of related federal money.

2. Except as otherwise provided in this subsection, the
Division may expend money from the Account as reimbursement for the necessary
costs of efficiently administering the Account and any money received pursuant
to 42 U.S.C. §§ 12701 et seq. In no case may the Division expend more than
$40,000 per year or an amount equal to 6 percent of any money made available to
the State pursuant to 42 U.S.C. §§ 12701 et seq., whichever is greater. In addition, the Division may expend not
more than $175,000 per year from the Account to create and maintain the
statewide low-income housing database required by section 3 of this act. Of
the remaining money allocated from the Account:

(a) Except as otherwise provided in subsection 3, 15
percent must be distributed to the Division of Welfare and Supportive Services
of the Department of Health and Human Services for use in its program developed
pursuant to 45 C.F.R. § 233.120 to provide emergency assistance to needy
families with children, subject to the following:

(1) The Division of Welfare and Supportive
Services shall adopt regulations governing the use of the money that are
consistent with the provisions of this section.

(2) The money must be used solely for activities
relating to low-income housing that are consistent with the provisions of this
section.

(3) The money must be made available to families
that have children and whose income is at or below the federally designated
level signifying poverty.

(4) All money provided by the Federal Government
to match the money distributed to the Division of Welfare and Supportive
Services pursuant to this section must be expended for activities consistent
with the provisions of this section.

(b) Eighty-five percent must be distributed to public
or private nonprofit charitable organizations, housing authorities and local
governments for the acquisition, construction and rehabilitation of housing for
eligible families, subject to the following:

(1) Priority must be given to those projects that
qualify for the federal tax credit relating to low-income housing.

(2) Priority must be given to those projects that
anticipate receiving federal money to match the state money distributed to
them.

(3) Priority must be given to those projects that
have the commitment of a local government to provide assistance to them.

(4) All money must be used to benefit families whose
income does not exceed 60 percent of the median income for families residing in
the same county, as defined by the United States Department of Housing and
Urban Development.

(5) Not less than 15 percent of the units
acquired, constructed or rehabilitated must be affordable to persons whose
income is at or below the federally designated level signifying poverty. For
the purposes of this subparagraph, a unit is affordable if a family does not
have to pay more than 30 percent of its gross income for housing costs,
including both utility and mortgage or rental costs.

(6) To be eligible to receive money pursuant to
this paragraph, a project must be sponsored by a local government.

3. The Division may, pursuant to contract and in lieu
of distributing money to the Division of Welfare and Supportive Services
pursuant to paragraph (a) of subsection 2, distribute any amount of that money
to private or public nonprofit entities for use consistent with the provisions
of this section.

AN ACT relating to
occupational diseases; exempting certain claims for occupational diseases from
requirements relating to the burden of proof that disease arose out of and in
course of employment; providing that certain occupational diseases are
occupational diseases of arson investigators; and providing other matters
properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law prohibits the payment of compensation for an
occupational disease unless a preponderance of evidence establishes that the
disease arose out of and in the course of employment. (NRS 617.358) Section
4 of this bill exempts claims for certain occupational diseases from this
requirement.

Existing law establishes diseases of the lung and heart
as occupational diseases of firefighters and police officers. (NRS 617.455,
617.457) Sections 5 and 6 of this bill provide that such diseases are
also occupational diseases of an arson investigator. Sections 1-3 of
this bill add arson investigators to provisions relating to such diseases.

(b) Preventive treatment administered as a precaution
to an employee who is exposed to a contagious disease while providing medical
services, including emergency medical care, in the course and scope of his
employment;

(c) Preventive treatment administered as a precaution
to a police officer ,[or] a salaried or volunteer firefighter or an arson investigator who:

(1) Was exposed to a contagious disease:

(I) Upon battery by an offender; or

(II) While performing the duties of a
police officer ,[or]
firefighter[,] or arson investigator,

Κ if the
exposure is documented by the creation and maintenance of a report concerning
the exposure pursuant to subsection 1 of NRS 616C.052; or

(2) Tests positive for exposure to tuberculosis
or another contagious disease under the circumstances described in subsection 2
or 3 of NRS 616C.052; and

(c) Hepatitis includes hepatitis A, hepatitis B,
hepatitis C and any additional diseases or conditions that are associated with
or result from hepatitis A, hepatitis B or hepatitis C.

(d) Preventive treatment includes, without
limitation:

(1) Tests to determine if an employee has
contracted hepatitis or any other contagious disease to which he was exposed;
and

(2) If an employee tests positive for exposure to
tuberculosis under the circumstances described in NRS 616C.052, such medication
and chest X rays as are recommended by the Centers for Disease Control and
Prevention of the United States Department of Health and Human Services.

Sec. 2. NRS
616C.052 is hereby amended to read as follows:

616C.052 1. Except as otherwise provided in NRS 617.485
and 617.487, if a police officer ,[or] a salaried or volunteer firefighter or an arson investigator is
exposed to a contagious disease:

(b) While performing the duties of a police officer ,[or]
firefighter[,] or arson investigator,

Κ the employer
of the police officer ,[or] firefighter or arson investigator shall create and
maintain a report concerning the exposure that includes, without limitation,
the name of each police officer ,[or] firefighter[,]or arson investigator, as
applicable, who was exposed to the contagious disease and the name of each
person, if any, to whom the police officer ,[or]
firefighter or arson investigator was
exposed.

2. Except as otherwise provided in paragraph (d) of
subsection 2 of NRS 616A.265, if the results of a physical examination
administered pursuant to NRS 617.455 or 617.457 to a police officer ,[or]
a salaried or volunteer firefighter or an arson investigator after the commencement of his
employment reveal that the police officer ,[or]
firefighter or arson investigator tested
positive for exposure to tuberculosis, the police officer ,[or]
firefighter or arson investigator is
eligible, during his lifetime, to receive compensation pursuant to chapters
616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or
conditions that are associated with or result from tuberculosis.

3. Except as otherwise provided in NRS 617.485 and
617.487, if the employment of a police officer ,[or]
a salaried or volunteer firefighter or an arson investigator is terminated, voluntarily or
involuntarily, the employer of the police officer ,[or]
firefighter[,]or arson investigator, regardless
of whether the police officer ,[or] firefighter or arson investigator has been exposed to a
contagious disease during his employment and regardless of whether the employer
has created or maintained a report concerning any exposure of the police
officer ,[or]
firefighter or arson investigator to
a contagious disease pursuant to subsection 1, shall:

(a) At the time of termination and at 3 months after
the date of termination, provide to the police officer ,[or]
firefighter or arson investigator a
purified protein derivative skin test to screen for exposure to tuberculosis,
unless the police officer ,[or] firefighter or arson investigator previously submitted to
such a test and tested positive for exposure to tuberculosis. Except as
otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if a skin
test administered pursuant to this paragraph and provided to the employer
reveals that the police officer ,[or] firefighter or arson investigator tested positive for
exposure to tuberculosis, the police officer ,[or]
firefighter or arson investigator is
eligible, during his lifetime, to receive compensation pursuant to chapters
616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or
conditions that are associated with or result from tuberculosis.

(b) Within 30 days after the date of termination and at
6 and 12 months after the date of termination, provide to the police officer ,[or]
firefighter or arson investigator a
blood test or other appropriate test to screen for other contagious diseases,
including, without limitation, hepatitis A, hepatitis B, hepatitis C and human
immunodeficiency virus, unless the police officer ,[or]
firefighter or arson investigator previously
submitted to such a test for a contagious disease and tested positive for
exposure to that contagious disease. Except as otherwise provided in paragraph
(d) of subsection 2 of NRS 616A.265, if a blood test or other appropriate test
administered pursuant to this paragraph and provided to the employer reveals
that the police officer ,[or] firefighter or arson investigator has any other contagious
disease or the antibodies associated with a contagious
disease, the police officer , [or] firefighter or arson investigator is
eligible, during his lifetime, to receive compensation pursuant to chapters
616A to 617, inclusive, of NRS for such a disease and any additional diseases
or conditions that are associated with or result from the contagious disease.

disease or the antibodies associated with a contagious
disease, the police officer ,[or] firefighter or arson investigator is eligible, during his
lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive,
of NRS for such a disease and any additional diseases or conditions that are
associated with or result from the contagious disease.

4. The former employer of a police officer ,[or]
a salaried or volunteer firefighter or an arson investigator shall pay all the costs associated
with providing skin and blood tests and other appropriate tests required
pursuant to subsection 3.

5. As used in this section, the term battery
includes, without limitation, the intentional propelling or placing, or the
causing to be propelled or placed, of any human excrement or bodily fluid upon
the person of an employee.

Sec. 3. NRS
616C.507 is hereby amended to read as follows:

616C.507 1. Except as otherwise provided in this
section, if the surviving spouse of a deceased police officer ,[or]
firefighter or arson investigator who
died while actively employed as a police officer ,[or]
firefighter or arson investigator is
entitled to be paid compensation pursuant to subsection 2 of NRS 616C.505 or
NRS 617.453, 617.455, 617.457, 617.485 or 617.487, the surviving spouse:

(a) Must be paid that compensation until the death of
the surviving spouse, whether or not the surviving spouse remarries; and

(b) Must not be paid any compensation pursuant to
subsection 2 of NRS 616C.505 or NRS 617.453, 617.455, 617.457, 617.485 or
617.487 in one lump sum upon remarriage.

2. A surviving spouse of a deceased police officer ,[or]
firefighter or arson investigator who
was retired from employment as a police officer ,[or]
firefighter or arson investigator at
the time of death is entitled to receive compensation to the same extent and in
the same manner as a surviving spouse specified in subsection 1 if:

(a) The police officer ,[or]
firefighter or arson investigator retired
because of the injury or occupational disease for which compensation is paid to
the surviving spouse pursuant to this section; and

(b) The death of the police officer ,[or]
firefighter or arson investigator was
the direct and proximate result of the injury or occupational disease.

3. If the surviving spouse of a deceased police
officer ,[or]
firefighter or arson investigator specified
in subsection 1 or 2 becomes the spouse of another employee or retiree who
thereafter dies under circumstances that would otherwise entitle the surviving
spouse to be paid compensation pursuant to subsection 2 of NRS 616C.505 or NRS
617.453, 617.455, 617.457, 617.485 or 617.487 with respect to the other
employee, the surviving spouse:

(a) Must not be paid compensation pursuant to
subsection 2 of NRS 616C.505 or NRS 617.453, 617.455, 617.457, 617.485 or
617.487 with respect to the other employee; and

(b) Shall be deemed to have predeceased the other
employee for the purposes of chapters 616A to 616D, inclusive, and 617 of NRS.

4. Except as otherwise provided in subsections 1 and
2, the provisions of this section do not affect any compensation payable under
chapter 617 of NRS.

617.358 1. An employee or his dependents are not
entitled to receive compensation pursuant to the provisions of this chapter
unless the employee or his dependents establish by a preponderance of the
evidence that the employees occupational disease arose out of and in the
course of his employment.

2. If the employee files a notice of an occupational
disease pursuant to NRS 617.342 after his employment has been terminated for
any reason, there is a rebuttable presumption that the occupational disease did
not arise out of and in the course of his employment.

3. The
provisions of this section do not apply to any claim filed for an occupational
disease described in NRS 617.453, 617.455, 617.457, 617.485 or 617.487.

Sec. 5. NRS
617.455 is hereby amended to read as follows:

617.455 1. Notwithstanding any other provision of
this chapter, diseases of the lungs, resulting in either temporary or permanent
disability or death, are occupational diseases and compensable as such under
the provisions of this chapter if caused by exposure to heat, smoke, fumes,
tear gas or any other noxious gases, arising out of and in the course of the
employment of a person who, for 2 years or more, has been:

(a) Employed in this State in a full-time salaried
occupation of fire fighting or the
investigation of arson for the benefit or safety of the public;

(b) Acting as a volunteer firefighter in this State and
is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS
pursuant to the provisions of NRS 616A.145; or

(c) Employed in a full-time salaried occupation as a
police officer in this State.

2. Except as otherwise provided in subsection 3, each
employee who is to be covered for diseases of the lungs pursuant to the provisions
of this section shall submit to a physical examination, including a thorough
test of the functioning of his lungs and the making of an X-ray film of his
lungs, upon employment, upon commencement of the coverage, once every
even-numbered year until he is 40 years of age or older and thereafter on an
annual basis during his employment.

3. A thorough test of the functioning of the lungs is
not required for a volunteer firefighter.

4. All physical examinations required pursuant to
subsection 2 must be paid for by the employer.

5. A disease of the lungs is conclusively presumed to
have arisen out of and in the course of the employment of a person who has been
employed in a full-time continuous, uninterrupted and salaried occupation as a
police officer ,[or]
firefighter or arson investigator for
5 years or more before the date of disablement.

6. Failure to correct predisposing conditions which
lead to lung disease when so ordered in writing by the examining physician
after the annual examination excludes the employee from the benefits of this
section if the correction is within the ability of the employee.

7. A person who is determined to be:

(a) Partially disabled from an occupational disease
pursuant to the provisions of this section; and

(b) Incapable of performing, with or without
remuneration, work as a firefighter
,[or] police officer[,] or arson investigator,

Κ may elect to
receive the benefits provided under NRS 616C.440 for a permanent total disability.

Sec. 6. NRS
617.457 is hereby amended to read as follows:

617.457 1. Notwithstanding any other provision of
this chapter, diseases of the heart of a person who, for 5 years or more, has
been employed in a full-time continuous, uninterrupted and salaried occupation
as a firefighter [or], arson investigator or police officer in this
State before the date of disablement are conclusively presumed to have arisen
out of and in the course of the employment.

2. Notwithstanding any other provision of this
chapter, diseases of the heart, resulting in either temporary or permanent
disability or death, are occupational diseases and compensable as such under
the provisions of this chapter if caused by extreme overexertion in times of
stress or danger and a causal relationship can be shown by competent evidence
that the disability or death arose out of and was caused by the performance of
duties as a volunteer firefighter by a person entitled to the benefits of
chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS
616A.145 and who, for 5 years or more, has served continuously as a volunteer
firefighter in this State and who has not reached the age of 55 years before
the onset of the disease.

3. Except as otherwise provided in subsection 4, each
employee who is to be covered for diseases of the heart pursuant to the
provisions of this section shall submit to a physical examination, including an
examination of the heart, upon employment, upon commencement of coverage and
thereafter on an annual basis during his employment.

4. A physical examination is not required for a
volunteer firefighter more than once every 3 years after an initial
examination.

5. All physical examinations required pursuant to
subsection 3 must be paid for by the employer.

6. Failure to correct predisposing conditions which
lead to heart disease when so ordered in writing by the examining physician
subsequent to the annual examination excludes the employee from the benefits of
this section if the correction is within the ability of the employee.

7. A person who is determined to be:

(a) Partially disabled from an occupational disease
pursuant to the provisions of this section; and

(b) Incapable of performing, with or without
remuneration, work as a firefighter [or], arson investigator or police
officer,

Κ may elect to
receive the benefits provided under NRS 616C.440 for a permanent total
disability.

8. Claims filed under this section may be reopened at
any time during the life of the claimant for further examination and treatment
of the claimant upon certification by a physician of a change of circumstances
related to the occupational disease which would warrant an increase or
rearrangement of compensation.

Sec. 7. The amendatory provisions of sections 4, 5
and 6 of this act apply only to claims filed on or after October 1, 2009.

________

κ2009
Statutes of Nevada, Page 548κ

CHAPTER 152, AB 177

Assembly Bill No. 177Assemblyman Oceguera

CHAPTER 152

AN ACT relating to
motor vehicles; revising provisions governing the liability of a short-term
lessee of a passenger car for physical damage or loss of use of the car under
certain circumstances; authorizing a short-term lessor to exclude from a waiver
of damages losses resulting from the theft of a leased car if the theft is
committed by an authorized driver or by a person aided or abetted by an
authorized driver; and providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law provides that a short-term lessor and a
short-term lessee of a passenger car may agree that the lessee will be
responsible for certain damage to or loss of use of the car. (NRS 482.31535) Section
4.5 of this bill increases from $500 to $2,500 the amount for which the
lessee may be responsible for physical damage or loss of use of the car which
occurs as a result of vandalism not related to the theft of the car and not
caused by the lessee.

Under existing law governing the business of short-term
leases of passenger cars, a short-term lessor may offer the lessee of a
passenger car the opportunity to purchase a waiver of damages that relieves
the lessee from financial responsibility for certain kinds of damage to the
car. (NRS 482.3153, 482.3155-482.31565) Section 5 of this bill
authorizes a lessor to exclude from such a waiver any damages or loss
attributable to the theft of the leased car if the theft is committed by the
lessee or other authorized driver or by a person aided or abetted by such a
driver.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Sections 1-4. (Deleted by amendment.)

Sec. 4.5.NRS
482.31535 is hereby amended to read as follows:

482.31535 1. Except as otherwise provided in NRS
482.3154, a short-term lessor and a short-term lessee of a passenger car may
agree that the lessee will be responsible for:

(a) Physical damage to the car, up to and including its
fair market value, regardless of the cause of the damage.

(b) Mechanical damage to the car, up to and including
its fair market value, resulting from:

(1) A collision;

(2) An impact; or

(3) Any other type of incident,

Κ that is
caused by a deliberate or negligent act or omission on the part of the lessee.

(c) Loss resulting from theft of the car, up to and
including its fair market value, except that the lessee is presumed to have no
liability for any loss resulting from theft if an authorized driver:

(1) Has possession of the ignition key furnished
by the lessor or establishes that the ignition key furnished by the lessor was
not in the car at the time of the theft; and

(2) Files an official report of the theft with an
appropriate law enforcement agency within 24 hours after learning of the theft
and cooperates with the lessor and the law enforcement agency in providing
information concerning the theft.

Κ The lessor
may rebut the presumption set forth in this paragraph by establishing that an
authorized driver committed or aided and abetted the commission of the theft.

(d) Physical damage to the car, up to and including its
fair market value, resulting from vandalism occurring after or in connection
with the theft of the car, except that the lessee has no liability for any
damage resulting from vandalism if the lessee has no liability for theft
pursuant to paragraph (c).

(e) Physical damage to the car and loss of use of the
car, up to [$500,]$2,500, resulting from vandalism not related
to the theft of the car and not caused by the lessee.

(f) Loss of use of the car if the lessee is liable for
damage or loss.

(g) Actual charges for towing and storage and impound
fees paid by the lessor if the lessee is liable for damage or loss.

(h) An administrative charge that includes the cost of
appraisal and other costs incident to the damage, loss, loss of use, repair or
replacement of the car.

2. For the purposes of this section, the fair market
value must be determined in the customary market for the sale of the leased
passenger car.

Sec. 5. NRS
482.31555 is hereby amended to read as follows:

482.31555 A short-term lessor may provide in a lease
of a passenger car that a waiver of damages does not apply in the following
circumstances:

1. Damage or loss resulting from an authorized
drivers:

(a) Intentional, willful, wanton or reckless conduct.

(b) Operation of the car in violation of NRS 484.379.

(c) Towing or pushing with the car.

(d) Operation of the car on an unpaved road if the
damage or loss is a direct result of the road or driving conditions.

2. Damage or loss occurring when the passenger car is:

(a) Used for hire.

(b) Used in connection with conduct that constitutes a
felony.

(c) Involved in a speed test or contest or in driver
training activity.

(d) Operated by a person other than an authorized
driver.

(e) Operated in a foreign country or outside of the
States of Nevada, Arizona, California, Idaho, Oregon and Utah, unless the lease
expressly provides that the passenger car may be operated in other locations.

3. An authorized driver providing:

(a) Fraudulent information to the short-term lessor.

(b) False information to the lessor and the lessor
would not have leased the passenger car if he had received true information.

4. Damage
or loss resulting from the theft of the passenger car if committed by an authorized
driver or a person aided or abetted by an authorized driver. A theft is
presumed to have been committed by a person other than an authorized driver or
a person aided or abetted by an authorized driver if the short-term lessee of
the car:

(a) Has possession
of the ignition key furnished by the lessor or establishes that the ignition
key furnished by the lessor was not in the car at the time of the theft; and

(b) Files an official report of the theft with an
appropriate law enforcement agency within 24 hours after learning of the theft
and cooperates with the lessor and the law enforcement agency in providing
information concerning the theft.

Κ The lessor may rebut the presumption
set forth in this subsection by establishing that an authorized driver
committed or aided and abetted another person in the commission of the theft.

Sec. 6.
This act becomes effective on July 1, 2009.

________

CHAPTER 153, AB 206

Assembly Bill No. 206Committee on Health and Human
Services

CHAPTER 153

AN ACT relating to
public health; revising provisions relating to reports of sentinel events and
patient safety by medical facilities; authorizing health authorities to conduct
investigations of cases or suspected cases of an infectious disease or exposure
to biological, radiological or chemical agents and to issue cease and desist
orders relating to those investigations; authorizing the Health Division of the
Department of Health and Human Services to take control of certain medical
records under certain circumstances; revising provisions relating to the
licensure and discipline of certain medical facilities and facilities for the
dependent; requiring the Director of the Office of Consumer Health Assistance
to assist consumers in filing certain complaints; and providing other matters
properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing
law requires medical facilities to report certain sentinel events to the Health
Division of the Department of Health and Human Services. (NRS 439.800-439.890) Section
2 of this bill requires medical facilities to prepare an annual summary of
sentinel events and requires the Health Division to annually report to the State
Board of Health concerning those summary reports. Section 3 of this bill
authorizes the Health Division to, upon receipt of a report of a sentinel event
by a medical facility, request additional information, conduct an audit or
conduct an investigation of the facility. Section 9 of this bill
authorizes the imposition of an administrative sanction to a medical facility
that fails to submit a report of a sentinel event, does not have a patient
safety plan or does not have a patient safety committee as required by law. (NRS 439.835, 439.865, 439.875, 439.885) Section 10 of
this bill changes the authority to adopt regulations relating to reports of
sentinel events from the Administrator of the Health Division to the State
Board of Health. (NRS 439.890)

Existing law establishes the
office of the State Health Officer and establishes county, district and city
boards of health. (NRS 439.090-439.130, 439.280-439.470) Existing law further
prescribes the duties and responsibilities of those health authorities, including
the prevention and control of nuisances, regulation of sanitation, protection
of the public health and investigation of certain communicable diseases.
(Chapters 439 and 441A of NRS) Sections 13-17 of this bill authorize
health authorities to: (1) conduct investigations concerning
infectious diseases or exposure to biological, radiological or chemical
agents which significantly impair the health, safety or
welfare of the public;(2) petition the
court for a subpoena to compel the production of information relevant to those investigations; and (3) issue cease and desist
orders against a provider of health care or medical facility subject to such an
investigation.

Section 21of this bill provides that if the Health Division suspends the
license of a medical facility or facility for the dependent, the Health
Division may take control of certain medical records of the facility and
requires the State Board of Health to adopt regulations to pay for the services
of a contractor to oversee the seizure and control of such records.

Existing law prohibits a medical facility, physician or
osteopathic physician from retaliating or discriminating against an employee
who reports information concerning the conduct of a physician or osteopathic
physician to the Board of Medical Examiners or the State Board of Osteopathic
Medicine, reports a sentinel event to the Health Division of the Department of
Health and Human Services or cooperates or participates in an investigation or
proceeding conducted by the Board of Medical Examiners, the State Board of
Osteopathic Medicine or another governmental entity concerning the conduct or
sentinel event. Existing law also prohibits such retaliation or discrimination
against a registered nurse, licensed practical nurse or nursing assistant who
refuses to provide nursing services that he does not have the knowledge, skill
or experience to provide. (NRS 449.205)

Section 22 of this bill requires a medical
facility to prepare and post a written notice for the employees of the medical
facility and the nurses and nursing assistants who contract with the medical
facility regarding these protections from retaliation and discrimination and
the process for making a report.

Section 23of this bill amends existing provisions governing
administrative sanctions against a medical facility or facility for the
dependent which violates applicable laws and regulations by authorizing the
Health Division to impose sanctions at a rate of not less than $1,000 and not
more than $10,000 for each patient who was harmed or at risk of harm as a
result of the violation. (NRS 449.163)

Existing law authorizes the Health
Division to immediately suspend the license of a medical facility, facility for
the dependent or other licensed facility if the public health, safety or
welfare imperatively requires such suspension. (NRS 233B.127, 449.170)
Section 24of this bill amends
existing law to specifically reference summary suspensions issued pursuant to
NRS 233B.127. (NRS 449.170)

Existing law requires the Health
Division to provide a copy of the results of certain inspections of certain
medical facilities to any person who requests a copy of the report. Section 25of this bill requires the Health Division to complete a
report of each investigation and to include in the report any recommendations
of a health authority that also conducted an investigation of the facility.
(NRS 449.200)

Section 26of this bill amends the duties of the Director of the Office
for Consumer Health Assistance to require the Director to provide assistance to
consumers who wish to file a complaint against a health care facility or a
health care professional. (NRS 223.560)

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
439 of NRS is hereby amended by adding thereto the provisions set forth in
sections 2 and 3 of this act.

Sec. 2.1.
On or before March 1 of each year, each medical facility shall provide to the
Health Division, in the form prescribed by the State Board of Health, a summary
of the reports submitted by the medical facility pursuant to NRS 439.835 during
the immediately preceding calendar year. The summary must include, without
limitation:

(a) The total
number and types of sentinel events reported by the medical facility, if any;

(b) A copy of
the patient safety plan established pursuant to NRS 439.865;

(c) A summary
of the membership and activities of the patient safety committee established
pursuant to NRS 439.875; and

(d) Any
other information required by the State Board of Health concerning the reports submitted by the medical facility
pursuant to NRS 439.835.

2. On or
before June 1 of each year, the Health Division shall submit to the State Board
of Health an annual summary of the reports and information received by the
Health Division pursuant to this section. The annual summary must include,
without limitation, a compilation of the information submitted pursuant to
subsection 1 and any other pertinent information deemed necessary by the State
Board of Health concerning the reports submitted by the medical facility
pursuant to NRS 439.835. The Health Division shall maintain the confidentiality
of the reports submitted pursuant to NRS 439.835 and any other information
requested by the State Board of Health concerning those reports when preparing
the annual summary pursuant to this section.

Sec. 3. 1.
Upon receipt of a report pursuant to NRS 439.835, the Health Division may, as
often as deemed necessary by the Administrator to protect the health and safety
of the public, request additional information regarding the sentinel event or
conduct an audit or investigation of the medical facility.

2. A medical
facility shall provide to the Health Division any information requested in
furtherance of a request for information, an audit or an investigation pursuant
to this section.

3. If the
Health Division conducts an audit or investigation pursuant to this section,
the Health Division shall, within 30 days after completing such an audit or
investigation, report its findings to the State Board of Health.

4. A medical
facility which is audited or investigated pursuant to this section shall pay to
the Health Division the actual cost of conducting the audit or investigation.

Sec. 4. NRS
439.565 is hereby amended to read as follows:

439.565 1. Any person, corporation, firm,
partnership, joint stock company, or any other association or organization
which violates or proposes to violate this chapter, provisions of law requiring
the immunization of children in public schools, private schools and child care
facilities, any regulation of the State Board of Health or any regulation of a
county, district or city board of health approved by the State Board of Health
pursuant to this chapter may be enjoined by any court of competent
jurisdiction.

2. Actions for injunction under this section may be
prosecuted by the Attorney General, any district attorney in this State or any
retained counsel of any local board of health in the name and upon the
complaint of the State Board of Health or any local board of health, or upon
the complaint of the State Health Officer or of any local health officer or his
deputy.

3. A
court may issue a permanent or temporary injunction, restraining order or other
appropriate order pursuant to this section.

Sec. 5. NRS 439.800
is hereby amended to read as follows:

439.800 As used in NRS 439.800 to 439.890, inclusive, and sections 2 and 3 of this act, unless
the context otherwise requires, the words and terms defined in NRS 439.802 to
439.830, inclusive, have the meanings ascribed to them in those sections.

439.802 Facility-acquired infection means a
localized or systemic condition which results from an adverse reaction to the
presence of an infectious agent or its toxins and which was not detected as
present or incubating at the time a patient was admitted to a medical facility,
including, without limitation:

1. Surgical site infections;

2. Ventilator-associated pneumonia;

3. Central line-related bloodstream infections;

4. Urinary tract infections; and

5. Other categories of infections as may be
established by the [Administrator] State Board of Health by regulation pursuant
to NRS 439.890.

Sec. 7. NRS
439.835 is hereby amended to read as follows:

439.835 1. Except as otherwise provided in subsection
2:

(a) A person who is employed by a medical facility shall,
within 24 hours after becoming aware of a sentinel event that occurred at the
medical facility, notify the patient safety officer of the facility of the
sentinel event; and

(b) The patient safety officer shall, within 13 days
after receiving notification pursuant to paragraph (a), report the date, the
time and a brief description of the sentinel event to:

(1) The Health Division; and

(2) The representative designated pursuant to NRS
439.855, if that person is different from the patient safety officer.

2. If the patient safety officer of a medical facility
personally discovers or becomes aware, in the absence of notification by
another employee, of a sentinel event that occurred at the medical facility,
the patient safety officer shall, within 14 days after discovering or becoming
aware of the sentinel event, report the date, time and brief description of the
sentinel event to:

(a) The Health Division; and

(b) The representative designated pursuant to NRS
439.855, if that person is different from the patient safety officer.

3. The [Administrator]State Board of Health shall prescribe the
manner in which reports of sentinel events must be made pursuant to this
section.

Sec. 8. NRS
439.840 is hereby amended to read as follows:

439.840 1. The Health Division shall, to the extent
of legislative appropriation and authorization:

(a) Collect and maintain reports received pursuant to
NRS 439.835[;]and section 2 of this act and any additional information
requested by the Health Division pursuant to section 3 of this act; and

(b) Ensure that such reports, and any additional
documents created from such reports, are protected adequately from fire, theft,
loss, destruction and other hazards and from unauthorized access.

2. Except as otherwise provided in NRS 239.0115,
reports received pursuant to NRS 439.835 and subsection 1 of section 2 of this act and any additional information requested
by the Health Division pursuant to section 3 of this act are
confidential, not subject to subpoena or discovery and not subject to
inspection by the general public.

[1.](a) Commits a violation of any provision of
NRS 439.800 to 439.890, inclusive, and
sections 2 and 3 of this act or for any violation for which an
administrative sanction pursuant to NRS 449.163 would otherwise be applicable;
and

[2.](b) Of its own volition, reports the violation
to the Administrator,

Κ such a
violation must not be used as the basis for imposing an administrative sanction
pursuant to NRS 449.163.

2. If
a medical facility commits a violation of any provision of NRS 439.800 to
439.890, inclusive, and sections 2 and 3 of this act and does not, of its own
volition, report the violation to the Administrator, the Health Division may, in accordance with the provisions of
subsection 3,
impose an administrative sanction:

(a) For
failure to report a sentinel event, in an amount not to exceed $100 per day for
each day after the date on which the sentinel event was required to be reported
pursuant to NRS 439.835;

(b) For
failure to adopt and implement a patient safety plan pursuant to NRS 439.865,
in an amount not to exceed $1,000 for each month in which a patient safety plan
was not in effect; and

(c) For
failure to establish a patient safety committee or failure of such a committee
to meet pursuant to the requirements of NRS 439.875, in an amount not to exceed
$2,000 for each violation of that section.

3.Before
the Health Division imposes an administrative sanction pursuant to subsection
2, the Health Division shall provide the medical facility with reasonable
notice. The notice must contain the legal authority, jurisdiction and reasons
for the action to be taken. If a medical facility wants to contest the action,
the facility may file an appeal pursuant to the regulations of the State Board
of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of
an appeal, the Health Division shall hold a hearing in accordance with those
regulations.

4. An administrative
sanction collected pursuant to this section must be accounted for separately
and used by the Health Division to provide training and education to employees
of the Health Division, employees of medical facilities and members of the
general public regarding issues relating to the provision of quality and safe
health care.

Sec. 10. NRS
439.890 is hereby amended to read as follows:

439.890 The [Administrator]State Board of Health shall
adopt such regulations as the [Administrator]the Board determines to be necessary or
advisable to carry out the provisions of NRS 439.800 to 439.890, inclusive[.] , and sections 2 and 3 of this act.

Sec. 11. Chapter
441A of NRS is hereby amended by adding thereto the provisions set forth as
sections 12 to 17, inclusive, of this act.

Sec. 12. Infectious disease means a disease which is caused by pathogenic
microorganisms, including, without limitation, bacteria, viruses, parasites or
fungi, which spread, either directly or indirectly, from one person to another.
The term includes a communicable disease.

Sec. 13. 1.
Except as otherwise required pursuant to NRS 441A.160, a health authority may
conduct an investigation of a case or suspected case of:

(b)Exposure
to a biological, radiological or chemical agent within its jurisdiction,

Κ which significantly impairs the
health, safety or welfare of the public within its jurisdiction.

2. Each health
authority shall:

(a) Except as
otherwise required pursuant to NRS 441A.170, report each week to the State
Health Officer the number and types of cases or suspected cases of infectious
diseases or cases or suspected cases of exposure to biological, radiological or
chemical agents which significantly impair the health, safety or welfare of the
public reported to the health authority, and any other information required by
the regulations of the Board.

(b) Report the
results of an investigation conducted pursuant to subsection 1 to the State
Health Officer within 30 days after concluding the investigation.

3. The Board
may adopt regulations to carry out the provisions of sections 13 to 17,
inclusive, of this act.

Sec. 14. 1. A health authority which conducts an investigation pursuant to NRS
441A.160 or section 13 of this act shall, for the protection of the health,
safety and welfare of the public, have access to all medical records,
laboratory records and reports, books and papers relevant to the investigation
which are in the possession of a provider of health care or medical facility
being investigated or which are otherwise necessary to carry out the
investigation. The determination of what information is necessary to carry out
the investigation is at the discretion of the health authority.

2. If a health
authority conducts an investigation pursuant to NRS 441A.160 or section 13 of
this act, the health authority may require a provider of health care or medical
facility being investigated to pay a proportionate share of the actual cost of
carrying out the investigation, including, without limitation, the cost of
notifying and testing patients who may have contracted an infectious disease,
been exposed to a biological, radiological or chemical agent or otherwise been
harmed.

Sec. 15. 1. Upon petition by a health authority to the district court for the
county in which an investigation is being conducted by the health authority
pursuant to NRS 441A.160 or section 13 of this act, the court may issue a
subpoena to compel the production of medical records, laboratory records and
reports, books and papers as set forth in section 14 of this act.

2. If a
witness refuses to produce any medical records, laboratory records and reports,
books or papers required by a subpoenaissued by a court pursuant to subsection 1, the court shall
enter an order directing the witness to appear before the court at a time and
place to be fixed by the court in its order, the time to be not more than 10
days after the date of the order, and then and there show cause why he has not
produced the medical records, laboratory records and reports, books or papers
before the health authority. A certified copy of the order must be served upon
the witness. The court may enter an order that the witness appear before the
health authority at the time and place fixed in the order and produce the
required medical records, laboratory records
and reports, books or papers, and upon failure to obey the order, the witness
must be dealt with as for contempt of court.

medical records,
laboratory records and reports, books or papers, and upon failure to obey the
order, the witness must be dealt with as for contempt of court.

Sec. 16. 1.A public agency, law enforcement agency or political
subdivision of this State which has information that is relevant to an
investigation relating to an infectious disease or exposure to a biological,
radiological or chemical agent which significantly impairs the health, safety
and welfare of the public shall share the information and any medical records
and reports with the appropriate state and local health authorities if it is in
the best interest of the public and as necessary to further the investigation
of the requesting health authority.

2.The
Board shall adopt regulations to carry out this section, including, without
limitation:

(a)Identifying
the public agencies and political subdivisions with which the information set
forth in subsection 1 may be shared;

(b)Prescribing
the circumstances and procedures by which the information may be shared with
those identified public agencies and political subdivisions; and

(c)Ensuring
the confidentiality of the information if it is protected health information.

Sec. 17.1. During the course of or as a result of an investigation concerning
the case or suspected case of an infectious disease or the case or suspected
case of exposure to a biological, radiological or chemical agent pursuant to
NRS 441A.160 or section 13 of this act, a health authority may, upon finding that a provider of health care or medical facility significantly
contributed to a case of an infectious disease or to a case of exposure to a
biological, radiological or chemical agent and that the public health
imperatively requires:

(a) Issue a
written order directing the provider of health care or medical facility to
cease and desist any act or conduct which is harmful to the health, safety or
welfare of the public; and

(b) Take any
other action to reduce or eliminate the harm to the health, safety or welfare
of the public.

2. A written
order directing a provider of health care or medical facility to cease and
desist issued pursuant to subsection 1 must contain a statement of the:

(a) Provision
of law or regulation which the provider of health care or medical facility is
violating; or

(b) Standard of
care that the provider of health care or medical facility is violating which
led to the case of the infectious disease or to the case of exposure to a
biological, radiological or chemical agent.

3. An order to
cease and desist must be served upon the person or an authorized representative
of the facility directly or by certified or registered mail, return receipt
requested. The order becomes effective upon service.

4. An order to
cease and desist expires 30 days after the date of service unless the health
authority institutes an action in a court of competent jurisdiction seeking an
injunction.

5. Upon a
showing by the health authority that a provider of health care or medical facility
is committing or is about to commit an act which is harmful to the health,
safety or welfare of the public, a court of competent jurisdiction may enjoin
the provider of health care or medical facility from committing the act.

441A.010 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 441A.020 to 441A.115,
inclusive, and section 12 of this
act have the meanings ascribed to them in those sections.

Sec. 19. NRS
441A.130 is hereby amended to read as follows:

441A.130 The State Health Officer shall inform each local
health officer of the regulations adopted by the Board and the procedures
established for investigating and reporting cases or suspected cases of [communicable]infectious diseases[.] and cases or suspected cases of
exposure to biological, radiological or chemical agents pursuant to this
chapter.

Sec. 20. Chapter
449 of NRS is hereby amended by adding thereto the provisions set forth in
sections 21 and 22 of this act.

Sec. 21. 1. If the Health Division suspends the license of a medical facility or
a facility for the dependent pursuant to the provisions of this chapter, or if
a facility otherwise ceases to operate, including, without limitation, pursuant
to an action or order of a health authority pursuant to chapter 441A of NRS,
the Health Division may, if deemed necessary by the Administrator of the Health
Division, take control of and ensure the safety of the medical records of the
facility.

2. Subject to
the provisions of the Health Insurance Portability and Accountability Act of
1996, Public Law 104-191, the Health Division shall:

(a) Maintain
the confidentiality of the medical records obtained pursuant to subsection 1.

(b) Share
medical records obtained pursuant to subsection 1 with law enforcement agencies
in this State and other governmental entities which have authority to license
the facility or to license the owners or employees of the facility.

(c) Release a
medical record obtained pursuant to subsection 1 to the patient or legal
guardian of the patient who is the subject of the medical record.

3. The State
Board of Health shall adopt regulations to carry out the provisions of this
section, including, without limitation, regulations for contracting with a
person to maintain any medical records under the control of the Health Division
pursuant to subsection 1 and for payment by the facility of the cost of
maintaining medical records.

Sec. 22. 1.A medical facility shall prepare a written
notice for the employees of the medical facility and for the nurses and nursing
assistants who contract with the medical facility regarding the protections
provided for actions taken pursuant to subsection 1 of NRS 449.205 and the
legal remedy provided pursuant to NRS 449.207. The notice must include the
process by which an employee, nurse or nursing assistant may make a report
pursuant to subsection 1 of NRS 449.205.

2.A
medical facility shall:

(a)Post in
one or more conspicuous places at the medical facility the notice prepared
pursuant to subsection 1; and

(b)Include
the text of the written notice in any manual or handbook that the medical
facility provides to employees and nurses and nursing assistants who contract
with the medical facility concerning employment practices at the medical
facility.

449.163 1. If a medical facility or facility for the
dependent violates any provision related to its licensure, including any
provision of NRS 439B.410[,]or 449.001 to
449.240, inclusive, and section 21 of this act, or any condition, standard or
regulation adopted by the Board, the Health Division in accordance with the
regulations adopted pursuant to NRS 449.165 may:

(a) Prohibit the facility from admitting any patient
until it determines that the facility has corrected the violation;

(b) Limit the occupancy of the facility to the number
of beds occupied when the violation occurred, until it determines that the
facility has corrected the violation;

(c) Impose an administrative penalty of not more than
$1,000 per day for each violation, together with interest thereon at a rate not
to exceed 10 percent per annum; and

(d) Appoint temporary management to oversee the
operation of the facility and to ensure the health and safety of the patients
of the facility, until:

(1) It determines that the facility has corrected
the violation and has management which is capable of ensuring continued
compliance with the applicable statutes, conditions, standards and regulations;
or

(2) Improvements are made to correct the
violation.

2. If a
violation by a medical facility or facility for the dependent relates to the
health or safety of a patient, an administrative penalty imposed pursuant to
paragraph (c) of subsection 1 must be in a total amount of not less than $1,000
and not more than $10,000 for each patient who was harmed or at risk of harm as
a result of the violation.

3. If
the facility fails to pay any administrative penalty imposed pursuant to
paragraph (c) of subsection 1, the Health Division may:

(a) Suspend the license of the facility until the
administrative penalty is paid; and

[3.]4. The Health Division may require any facility
that violates any provision of NRS 439B.410[,]or 449.001 to 449.240,
inclusive, and section 21 of this act, or any condition, standard or
regulation adopted by the Board, to make any improvements necessary to correct
the violation.

[4.]5. Any money collected as administrative
penalties pursuant to this section must be accounted for separately and used to
protect the health or property of the residents of the facility in accordance
with applicable federal standards.

Sec. 24. NRS
449.170 is hereby amended to read as follows:

449.170 1. When the Health Division intends to deny,
suspend or revoke a license, or impose any sanction prescribed by NRS 449.163,
it shall give reasonable notice to all parties by certified mail. The notice
must contain the legal authority, jurisdiction and reasons for the action to be
taken. Notice is not required if the Health Division finds that the public
health requires immediate action. In that case, it may order a summary
suspension of a license pursuant
to this section and NRS 233B.127 or impose any sanction
prescribed by NRS 449.163, pending proceedings for revocation or other action.

2. If a person wants to contest the action of the
Health Division, he must file an appeal pursuant to regulations adopted by the
Board.

3. Upon receiving notice of an appeal, the Health
Division shall hold a hearing pursuant to regulations adopted by the Board.

4. The Board shall adopt such regulations as are
necessary to carry out the provisions of this section.

Sec. 25. NRS
449.200 is hereby amended to read as follows:

449.200 The Health Division shall[, upon]:

1. Prepare
a report of the results of its inspections of medical facilities and facilities
for the dependent regarding compliance with applicable regulations and
standards. The report must be provided to the facility and include, without
limitation, a recommendation of the Health Division for correcting any
deficiencies and, if a deficiency is discovered as a result of an investigation
by a county, district or city board of health or health officer, the
recommendations of the board or health officer.

2. Upon request,
disclose to any person or governmental entity the results of its inspections of
facilities for skilled nursing, facilities for intermediate care and
residential facilities for groups regarding their compliance with applicable
regulations and standards.

Sec. 26. NRS
223.560 is hereby amended to read as follows:

223.560 The Director shall:

1. Respond to written and telephonic inquiries
received from consumers and injured employees regarding concerns and problems
related to health care and workers compensation;

2. Assist consumers and injured employees in
understanding their rights and responsibilities under health care plans,
including, without limitation, the Public Employees Benefits Program, and
policies of industrial insurance;

3. Identify and investigate complaints of consumers
and injured employees regarding their health care plans, including, without
limitation, the Public Employees Benefits Program, and policies of industrial
insurance and assist those consumers and injured employees to resolve their
complaints, including, without limitation:

(a) Referring consumers and injured employees to the
appropriate agency, department or other entity that is responsible for
addressing the specific complaint of the consumer or injured employee; and

4. Provide information to consumers and injured
employees concerning health care plans, including, without limitation, the
Public Employees Benefits Program, and policies of industrial insurance in
this State;

5. Establish and maintain a system to collect and
maintain information pertaining to the written and telephonic inquiries
received by the Office for Consumer Health Assistance;

6. Take such actions as are necessary to ensure public
awareness of the existence and purpose of the services provided by the Director
pursuant to this section;

7. In appropriate cases and pursuant to the direction
of the Governor, refer a complaint or the results of an investigation to the
Attorney General for further action;

8. Provide information to and applications for
prescription drug programs for consumers without insurance coverage for
prescription drugs or pharmaceutical services; [and]

9. Establish and maintain an Internet website which
includes:

(a) Information concerning purchasing prescription
drugs from Canadian pharmacies that have been recommended by the State Board of
Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS
639.2328;

(b) Links to websites of Canadian pharmacies which have
been recommended by the State Board of Pharmacy for inclusion on the Internet
website pursuant to subsection 4 of NRS 639.2328; and

(c) A link to the website established and maintained
pursuant to NRS 439A.270 which provides information to the general public
concerning the charges imposed and the quality of the services provided by the
hospitals and surgical centers for ambulatory patients in this State[.] ; and

10. Assist
consumers with filing complaints against health care facilities and health care
professionals. As used in this subsection, health care facility has the
meaning ascribed to it in NRS 449.800.

Sec. 27. NRS
630.30665 is hereby amended to read as follows:

630.30665 1. The Board shall require each holder of a
license to practice medicine to submit annually to the Board, on a form
provided by the Board, a report stating the number and type of surgeries
requiring conscious sedation, deep sedation or general anesthesia performed by
the holder of the license at his office or any other facility, excluding any
surgical care performed:

(a) At a medical facility as that term is defined in
NRS 449.0151; or

(b) Outside of this State.

2. In addition to the report required pursuant to
subsection 1, the Board shall require each holder of a license to practice
medicine to submit a report annually to the Board concerning the occurrence of
any sentinel event arising from any surgery described in subsection 1. The
report must be submitted in the manner prescribed by the Board which must be
substantially similar to the manner prescribed by the [Administrator of the
Health Division of the Department of Health and Human Services]State Board of Health for
reporting information pursuant to NRS 439.835.

3. Each holder of a license to practice medicine shall
submit the report required pursuant to subsections 1 and 2 whether or not he
performed any surgery described in subsection 1. Failure to submit a report or
knowingly filing false information in a report constitutes grounds for
initiating disciplinary action pursuant to subsection 8 of NRS 630.306.

4. The Board shall:

(a) Collect and maintain reports received pursuant to
subsections 1 and 2; and

(b) Ensure that the reports, and any additional
documents created from the reports, are protected adequately from fire, theft,
loss, destruction and other hazards, and from unauthorized access.

5. Except as otherwise provided in NRS 239.0115, a
report received pursuant to subsection 1 or 2 is confidential, not subject to
subpoena or discovery, and not subject to inspection by the general public.

6. The provisions of this section do not apply to
surgical care requiring only the administration of oral medication to a patient
to relieve the patients anxiety or pain, if the medication is not given in a
dosage that is sufficient to induce in a patient a
controlled state of depressed consciousness or unconsciousness similar to
general anesthesia, deep sedation or conscious sedation.

induce in a patient a controlled state of depressed
consciousness or unconsciousness similar to general anesthesia, deep sedation
or conscious sedation.

7. In addition to any other remedy or penalty, if a
holder of a license to practice medicine fails to submit a report or knowingly
files false information in a report submitted pursuant to this section, the
Board may, after providing the holder of a license to practice medicine with
notice and opportunity for a hearing, impose against the holder of a license to
practice medicine an administrative penalty for each such violation. The Board
shall establish by regulation a sliding scale based on the severity of the
violation to determine the amount of the administrative penalty to be imposed
against the holder of the license pursuant to this subsection. The regulations
must include standards for determining the severity of the violation and may
provide for a more severe penalty for multiple violations.

8. As used in this section:

(a) Conscious sedation means a minimally depressed
level of consciousness, produced by a pharmacologic or nonpharmacologic method,
or a combination thereof, in which the patient retains the ability
independently and continuously to maintain an airway and to respond
appropriately to physical stimulation and verbal commands.

(b) Deep sedation means a controlled state of
depressed consciousness, produced by a pharmacologic or nonpharmacologic
method, or a combination thereof, and accompanied by a partial loss of
protective reflexes and the inability to respond purposefully to verbal
commands.

(c) General anesthesia means a controlled state of unconsciousness,
produced by a pharmacologic or nonpharmacologic method, or a combination
thereof, and accompanied by partial or complete loss of protective reflexes and
the inability independently to maintain an airway and respond purposefully to
physical stimulation or verbal commands.

(d) Sentinel event means an unexpected occurrence
involving death or serious physical or psychological injury or the risk
thereof, including, without limitation, any process variation for which a
recurrence would carry a significant chance of serious adverse outcome. The
term includes loss of limb or function.

Sec. 28. NRS
633.524 is hereby amended to read as follows:

633.524 1. The Board shall require each holder of a
license to practice osteopathic medicine issued pursuant to this chapter to
submit annually to the Board, on a form provided by the Board, and in the
format required by the Board by regulation, a report stating the number and
type of surgeries requiring conscious sedation, deep sedation or general
anesthesia performed by the holder of the license at his office or any other
facility, excluding any surgical care performed:

(a) At a medical facility as that term is defined in
NRS 449.0151; or

(b) Outside of this State.

2. In addition to the report required pursuant to
subsection 1, the Board shall require each holder of a license to practice
osteopathic medicine to submit a report annually to the Board concerning the
occurrence of any sentinel event arising from any surgery described in
subsection 1. The report must be submitted in the manner prescribed by the
Board which must be substantially similar to the manner prescribed by the [Administrator
of the Health Division of the Department of Health and Human Services]State Board of Health for
reporting information pursuant to NRS 439.835.

3. Each holder of a license to practice osteopathic
medicine shall submit the report required pursuant to subsections 1 and 2
whether or not he performed any surgery described in subsection 1. Failure to
submit a report or knowingly filing false information in a report constitutes
grounds for initiating disciplinary action pursuant to NRS 633.511.

4. The Board shall:

(a) Collect and maintain reports received pursuant to
subsections 1 and 2; and

(b) Ensure that the reports, and any additional
documents created from the reports, are protected adequately from fire, theft,
loss, destruction and other hazards, and from unauthorized access.

5. Except as otherwise provided in NRS 239.0115, a
report received pursuant to subsection 1 or 2 is confidential, not subject to
subpoena or discovery, and not subject to inspection by the general public.

6. The provisions of this section do not apply to
surgical care requiring only the administration of oral medication to a patient
to relieve the patients anxiety or pain, if the medication is not given in a
dosage that is sufficient to induce in a patient a controlled state of
depressed consciousness or unconsciousness similar to general anesthesia, deep
sedation or conscious sedation.

7. In addition to any other remedy or penalty, if a
holder of a license to practice osteopathic medicine fails to submit a report
or knowingly files false information in a report submitted pursuant to this
section, the Board may, after providing the holder of a license to practice
osteopathic medicine with notice and opportunity for a hearing, impose against
the holder of a license an administrative penalty for each such violation. The
Board shall establish by regulation a sliding scale based on the severity of
the violation to determine the amount of the administrative penalty to be
imposed against the holder of the license to practice osteopathic medicine. The
regulations must include standards for determining the severity of the
violation and may provide for a more severe penalty for multiple violations.

8. As used in this section:

(a) Conscious sedation means a minimally depressed
level of consciousness, produced by a pharmacologic or nonpharmacologic method,
or a combination thereof, in which the patient retains the ability
independently and continuously to maintain an airway and to respond
appropriately to physical stimulation and verbal commands.

(b) Deep sedation means a controlled state of
depressed consciousness, produced by a pharmacologic or nonpharmacologic
method, or a combination thereof, and accompanied by a partial loss of
protective reflexes and the inability to respond purposefully to verbal
commands.

(c) General anesthesia means a controlled state of
unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a
combination thereof, and accompanied by partial or complete loss of protective
reflexes and the inability independently to maintain an airway and respond
purposefully to physical stimulation or verbal commands.

(d) Sentinel event means an unexpected occurrence
involving death or serious physical or psychological injury or the risk
thereof, including, without limitation, any process variation for which a
recurrence would carry a significant chance of serious adverse outcome. The
term includes loss of limb or function.

Sec. 29. Any regulations adopted by the
Administrator of the Health Division of the Department of Health and Human
Services before July 1, 2009, pursuant to NRS 439.800 to 439.890, inclusive,
and section 2 of this act remain in effect and may be enforced by the State
Board of Health until the Board adopts regulations to repeal or replace those
regulations.

Sec. 30. This act becomes effective on July 1, 2009.

________

CHAPTER 154, AB 230

Assembly Bill No. 230Assemblyman Segerblom

CHAPTER 154

AN ACT relating to
concealed firearms; providing that certain retired law enforcement officers
must be offered the opportunity to obtain the firearms qualification that is
necessary for certification to carry a concealed firearm at least twice per
year; and providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law authorizes a retired law enforcement officer
who is a resident of this State to apply to the sheriff of the county in which
he resides for certification to become a qualified retired law enforcement
officer. (NRS 202.3678) Such certification confirms that the retired law
enforcement officer meets the requirements to carry a concealed firearm under Nevada law and federal law. (NRS 202.350; 18 U.S.C. § 926C(d)) This bill requires the law
enforcement agency from which a law enforcement officer retired to offer the
retired law enforcement officer the opportunity to obtain the firearms
qualification that is necessary to obtain such certification at least twice per
year.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
202.3678 is hereby amended to read as follows:

202.3678 1. A retired law enforcement officer who is
a resident of this State may apply, on a form prescribed by regulation of the
Department, to the sheriff of the county in which he resides for any
certification required pursuant to 18 U.S.C. § 926C(d) to become a qualified
retired law enforcement officer. Application forms for certification must be
provided by the sheriff of each county upon request.

2. A law
enforcement agency in this State shall offer a retired law enforcement officer
who retired from the law enforcement agency the opportunity to obtain the
firearms qualification that is necessary to obtain the certification from the
sheriff pursuant to subsection 1 at least twice per year at the same facility
at which the law enforcement agency provides firearms training for its active
law enforcement officers. The law enforcement agency may impose a nonrefundable
fee in the amount necessary to pay the expenses for providing the firearms
qualification.

3. The
sheriff shall provide the certification pursuant to subsection 1 to a retired
law enforcement officer who submits a completed application and pays any fee required pursuant to this subsection [3] if the
sheriff determines that the officer meets the standards for training and
qualifications.

AN ACT relating to
water conservation; revising the provisions governing grants of money for water
conservation and capital improvements to certain water systems to include a
nonprofit association or nonprofit cooperative corporation that provides water
service only to its members; and providing other matters properly relating
thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law: (1) establishes a program to provide grants
of money to purveyors of water and eligible recipients to pay for the costs of
capital improvements to certain publicly owned water systems made necessary by
federal law and to pay for the cost of improvements to conserve water; and (2)
defines eligible recipient for the purposes of the program to mean a
political subdivision of this State. (NRS 349.981) This bill expands the
definition of eligible recipient to include a nonprofit association or
nonprofit cooperative corporation that provides water service only to its
members. This bill also provides that the prevailing wage requirements apply to
any construction work which is paid for in whole or in part by a grant from the
program to such a nonprofit association or nonprofit cooperative corporation
that is an eligible recipient.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
349.981 is hereby amended to read as follows:

349.981 1. There is hereby established a program to
provide grants of money to:

(a) A purveyor of water to pay for costs of capital
improvements to publicly owned community water systems and publicly owned
nontransient water systems required or made necessary by the State
Environmental Commission pursuant to NRS 445A.800 to 445A.955, inclusive, or
made necessary by the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and
the regulations adopted pursuant thereto.

(b) An eligible recipient to pay for the cost of
improvements to conserve water, including, without limitation:

(1) Piping or lining of an irrigation canal;

(2) Recovery or recycling of wastewater or
tailwater;

(3) Scheduling of irrigation;

(4) Measurement or metering of the use of water;

(5) Improving the efficiency of irrigation
operations; and

(6) Improving the efficiency of the operation of
a facility for the storage of water, including, without limitation, efficiency
in diverting water to such a facility.

(c) An eligible recipient to pay the following costs
associated with connecting a domestic well or well with a temporary permit to a
municipal water system, if the well was in existence on or before October 1,
1999, and the well is located in an area designated by the State Engineer
pursuant to NRS 534.120 as an area where the groundwater basin is being
depleted:

(1) Any local or regional fee for connection to
the municipal water system.

(2) The cost of any capital improvement that is
required to comply with a decision or regulation of the State Engineer.

(d) An eligible recipient to pay the following costs
associated with abandoning an individual sewage disposal system and connecting
the property formerly served by the abandoned individual sewage disposal system
to a community sewage disposal system, if the Division of Environmental
Protection requires the individual sewage disposal system to be abandoned and
the property upon which the individual sewage disposal system was located to be
connected to a community sewage disposal system pursuant to the provisions of
NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant
thereto:

(1) Any local or regional fee for connection to
the community sewage disposal system.

(2) The cost of any capital improvement that is
required to comply with a statute of this State or a decision, directive, order
or regulation of the Division of Environmental Protection.

(e) An eligible recipient to pay the following costs
associated with connecting a well to a municipal water system, if the quality
of the water of the well fails to comply with the standards of the Safe
Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted
pursuant thereto:

(1) Any local or regional fee for connection to
the municipal water system.

(2) The cost of any capital improvement that is
required for the water quality in the area where the well is located to comply
with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.,
and the regulations adopted pursuant thereto.

2. Except as otherwise provided in NRS 349.983, the
determination of who is to receive a grant is solely within the discretion of
the Board.

3. For
any construction work paid for in whole or in part by a grant provided pursuant
to this section to a nonprofit association or nonprofit cooperative corporation
that is an eligible recipient, the provisions of NRS 338.013 to 338.090,
inclusive, apply to:

(a) Require
the nonprofit association or nonprofit cooperative corporation to include in
the contract for the construction work the contractual provisions and
stipulations that are required to be included in a contract for a public work
pursuant to those statutory provisions.

(b) Require
the nonprofit association or nonprofit cooperative corporation to comply with
those statutory provisions in the same manner as if it was a public body that
had undertaken the project or had awarded the contract.

(c) Require
the contractor who is awarded the contract for the construction work, or a
subcontractor on the project, to comply with those statutory provisions in the
same manner as if he was a contractor or subcontractor, as applicable, engaged
on a public work.

4. As
used in this section, eligible recipient means [a]:

(a) A political
subdivision of this State, including, without limitation, a city, county,
unincorporated town, water authority, conservation district, irrigation
district, water district or water conservancy district.

(b) A
nonprofit association or nonprofit cooperative corporation that provides water
service only to its members.

Existing law generally authorizes a prosecuting attorney
to prosecute a person as a habitual criminal, punishable as a category B
felony, if the person: (1) is convicted of petit larceny, a crime which
involves fraud or the intent to defraud, or any felony; and (2) has previously
been convicted two times of a felony or three times of petit larceny or certain
other crimes involving fraud or the intent to defraud. This bill removes the
provisions concerning convictions and prior convictions for petit larceny or
certain crimes involving fraud or the intent to defraud. Thus, a person may be
prosecuted as a habitual criminal, punishable as a category B felony, if he is
convicted of a felony and has previously been convicted two times of a felony.
(NRS 207.010)

Existing law provides that a person may be prosecuted as
a habitual criminal, punishable as a category A felony, if the person: (1) is
convicted of a felony; and (2) has previously been convicted three times of a
felony or five times of petit larceny or certain other crimes which involve
fraud or the intent to defraud. This bill removes the provisions concerning
prior convictions for petit larceny or certain crimes involving fraud or the
intent to defraud. Thus, a person may be prosecuted as a habitual criminal,
punishable as a category A felony, if he is convicted of a felony and has previously
been convicted three times of a felony. (NRS 207.010)

207.010 1. Unless the person is prosecuted pursuant
to NRS 207.012 or 207.014, a person convicted in this State of:

(a) Any [crime of which fraud or intent to defraud is an element, or
of petit larceny, or of any] felony, who has previously
been two times convicted, whether in this State or elsewhere, of any crime
which under the laws of the situs of the crime or of this State would amount to
a felony[,
or who has previously been three times convicted, whether in this State or
elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of
which fraud or intent to defraud is an element,] is a
habitual criminal and shall be punished for a category B felony by imprisonment
in the state prison for a minimum term of not less than 5 years and a maximum
term of not more than 20 years.

(b) Any felony, who has previously been three times
convicted, whether in this State or elsewhere, of any crime which under the
laws of the situs of the crime or of this State would amount to a felony[, or who has previously
been five times convicted, whether in this State or elsewhere, of petit
larceny, or of any misdemeanor or gross misdemeanor of which fraud or the
intent to defraud is an element,] is a habitual criminal
and shall be punished for a category A felony by imprisonment in the state
prison:

(1) For life without the possibility of parole;

(2) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been served; or

(3) For a definite term of 25 years, with
eligibility for parole beginning when a minimum of 10 years has been served.

2. It is within the discretion of the prosecuting
attorney whether to include a count under this section in any information or
file a notice of habitual criminality if an indictment is found. The trial
judge may, at his discretion, dismiss a count under this section which is
included in any indictment or information.

Secs. 2 and 3.(Deleted
by amendment.)

________

κ2009
Statutes of Nevada, Page 568κ

CHAPTER 157, AB 327

Assembly Bill No. 327Assemblymen Denis; Arberry,
Kihuen and Munford

CHAPTER 157

AN ACT relating to
higher education; requiring the Board of Regents of the University of Nevada to
submit a biennial report to the Director of the Legislative Counsel Bureau for
submission to the Legislature concerning the participation of certain protected
classes in the Nevada System of Higher Education; and providing other matters
properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

This bill requires the Board of Regents of the University
of Nevada to submit a report to the Director of the Legislative Counsel Bureau
for submission to the Legislature every other year concerning the participation
of ethnic and racial minorities, women and other members of protected classes
in the Nevada System of Higher Education, and to make that report available to
the public. The report must include information about the number of students
and employees divided by ethnic category and gender, any information about how
policy changes may have affected the number of members of protected classes
enrolled at or employed by the System, and the efforts by the System to enroll
and retain students in underrepresented ethnic and racial categories.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 396 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. The Board
of Regents of the University of Nevada shall, not later than February 1 of each
odd-numbered year, prepare and submit to the Director of the Legislative
Counsel Bureau for submission to the Legislature, a report concerning the
participation of ethnic and racial minorities, women and other members of
protected classes in the System. The report must cover each of the immediately
preceding 2 academic years.

2. The Board shall make the report submitted pursuant to subsection 1
available to the general public, including publishing it on the website
maintained by the System.

3. The report
must include, but is not limited to:

(a) The number
of students divided by ethnic category;

(b) The number
of employees divided by ethnic category and occupational classification, as
defined by the National Center for Education Statistics;

(c) The number
of students divided by gender;

(d) The number
of employees divided by gender and occupational classification, as defined by
the National Center for Education Statistics;

(e) Any
information necessary to determine the impact of policy changes on the number
of protected classes specified in subsection 1 who are enrolled at or employed
by the System;

(f) The efforts
of each institution to increase the enrollment in underrepresented ethnic and
racial categories through outreach programs and recruitment to maintain levels of minority enrollment
comparable to the distribution of the population of the State; and

AN ACT relating to
taxation; authorizing the board of county commissioners of certain smaller
counties to use the money from a sales and use tax to support the operation and
maintenance of a county recreational facility; requiring the county treasurer
to deposit the money received in the appropriate fund; authorizing the
imposition of the tax in White Pine County without further approval of the
voters; and providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

On November 5, 2002, the voters in White Pine County
approved County Question No. 10, concerning the operation and maintenance of a
county swimming pool facility. During the 2003 Legislative Session, a
one-quarter of 1 percent sales tax was imposed to support the operation and
maintenance of a county swimming pool. Sections 1 and 2 of this bill
amend NRS to provide that the money collected from the tax may be used for the
operation and maintenance of a county swimming pool and recreational facility.
(NRS 377A.020, 377A.030) Section 3 of this bill authorizes the Board of
County Commissioners to use the money in the fund for the county swimming pool
to include the operation and maintenance of a county recreational facility.
(NRS 377A.062)

This bill further clarifies that no other approval by the
voters is required for the imposition of the tax because on November 5, 2002,
voters in White Pine County approved County Question No. 10, concerning the
imposition of a sales and use tax for the operation and maintenance of a county
swimming pool facility.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
377A.020 is hereby amended to read as follows:

377A.020 1. The board of county commissioners of:

(a) Any county may enact an ordinance imposing a tax
for a public transit system, for the construction, maintenance and repair of
public roads, for the improvement of air quality or for any combination of
those purposes pursuant to NRS 377A.030.

(b) Any county whose population is less than 400,000
may enact an ordinance imposing a tax to promote tourism pursuant to NRS
377A.030.

(c) Any county whose population is less than 15,000 may
enact an ordinance imposing a tax to support the operation and maintenance of a
county swimming pool and
recreational facility pursuant to NRS 377A.030.

(d) Any county whose population is less than 100,000
may enact an ordinance imposing a tax to acquire, develop, construct, equip,
operate, maintain, improve and manage libraries, parks, recreational programs
and facilities, and facilities and services for senior citizens, and to
preserve and protect agriculture, or for any combination of those purposes
pursuant to NRS 377A.030. The duration of the levy of a tax imposed pursuant to
this paragraph must not exceed 30 years.

2. An ordinance enacted pursuant to this chapter may
not become effective before a question concerning the imposition of the tax is
approved by a majority of the registered voters of the county voting upon the
question which the board may submit to the voters at any general election. A
county may combine a question concerning the imposition of a tax described in
subsection 1 with questions submitted pursuant to NRS 244.3351, 278.710 or
371.045, or any combination thereof. The board shall also submit to the voters
at a general election any proposal to increase the rate of the tax or change
the previously approved uses for the proceeds of the tax.

3. Any ordinance enacted pursuant to this section must
specify the date on which the tax must first be imposed or on which an increase
in the rate of the tax becomes effective, which must be the first day of the
first calendar quarter that begins at least 120 days after the approval of the
question by the voters.

Sec. 2. NRS
377A.030 is hereby amended to read as follows:

377A.030 Except as otherwise provided in NRS 377A.110,
any ordinance enacted under this chapter must include provisions in substance
as follows:

1. A provision imposing a tax upon retailers at the
rate of not more than:

(a) For a tax to promote tourism, one-quarter of 1
percent;

(b) For a tax to establish and maintain a public
transit system, for the construction, maintenance and repair of public roads,
for the improvement of air quality or for any combination of those purposes,
one-half of 1 percent;

(c) For a tax to support the operation and maintenance
of a county swimming pool[,]and recreational facility, one-quarter
of 1 percent; or

(d) For a tax to acquire, develop, construct, equip,
operate, maintain, improve and manage libraries, parks, recreational programs
and facilities, and facilities and services for senior citizens, and to
preserve and protect agriculture, or for any combination of those purposes,
one-quarter of 1 percent,

Κ of the gross
receipts of any retailer from the sale of all tangible personal property sold
at retail, or stored, used or otherwise consumed in a county.

2. Provisions substantially identical to those
contained in chapter 374 of NRS, insofar as applicable.

3. A provision that all amendments to chapter 374 of
NRS after the date of enactment of the ordinance, not inconsistent with this
chapter, automatically become a part of the ordinance.

4. A provision that the county shall contract before
the effective date of the ordinance with the Department to perform all
functions incident to the administration or operation of the tax in the county.

5. A provision that a purchaser is entitled to a
refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive,
of the amount of the tax required to be paid that is attributable to the tax
imposed upon the sale of, and the storage, use or other consumption in a county
of, tangible personal property used for the performance of a written contract
for the construction of an improvement to real property, entered into on or
before the effective date of the tax or the increase in the tax, or for which a
binding bid was submitted before that date if the bid was afterward accepted,
if under the terms of the contract or bid the contract price or bid amount
cannot be adjusted to reflect the imposition of the tax or the increase in the
tax.

Sec. 3. NRS
377A.062 is hereby amended to read as follows:

377A.062 1. The county treasurer shall deposit money
received from the State Controller pursuant to NRS 377A.050 to support the
operation and maintenance of a county swimming pool and recreational facility in the county
treasury for credit to a fund to be known as the fund for the county swimming
pool.

2. The fund for the county swimming pool must be
accounted for as a separate fund and not as a part of any other fund.

3. The board of county commissioners may use money in
the fund for the county swimming pool [only]
to support the operation and maintenance of a county swimming pool[.]and recreational facility.

Sec. 4. The approval by the voters on November 5,
2002, of County Question No. 10, concerning the operation and maintenance of a
county swimming pool facility, on the 2002 general election ballot for White
Pine County shall be deemed to constitute approval by the voters of the
imposition of a tax pursuant to paragraph (c) of subsection 1 of NRS 377A.030
of one-quarter of 1 percent of the gross receipts of any retailer from the sale
of all tangible personal property sold at retail, or stored, used or otherwise consumed
in the county. No other approval by the voters is required for the imposition
of that tax in White Pine County.

Sec. 5. This act becomes effective on July 1, 2009.

________

κ2009
Statutes of Nevada, Page 572κ

CHAPTER 159, AB 369

Assembly Bill No. 369Assemblyman Mortenson

CHAPTER 159

AN ACT relating to
taxation; revising the provision providing property tax exemptions for the
property of certain nonprofit organizations; and providing other matters
properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Currently NRS 361.111 provides a tax exemption for
property held by the Archaeological Conservancy, Nature Conservancy, American
Land Conservancy and Nevada Land Conservancy. The statute requires that the
property is held for acquisition by the State or a local governmental unit, and
this bill includes the Federal Government as an additional entity. This bill
also provides for an additional exemption from taxation if the property is
being held indefinitely for purposes of education, environmental protection or
conservation.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
361.111 is hereby amended to read as follows:

361.111 1. Except as otherwise provided in
subsections 2 and 3, all real property and improvements thereon acquired by the
Archaeological Conservancy, Nature Conservancy, American Land Conservancy or
Nevada Land Conservancy [and held for ultimate acquisition by the
State or a local governmental unit are]are exempt from taxation
if:

(a) The property
is held for ultimate acquisition by the Federal Government, the State or a
local governmental unit and:

(1) The
Federal Government, the State or a local governmental unit has
agreed, in writing, that acquisition of the property will be given serious
consideration; and

[(b)](2) For property for which the State has given
the statement required by [paragraph (a),]subparagraph (1), the governing body of the
county in which the property is located has approved the potential acquisition
of the property by the State[.] ; or

(b) The
property will be held indefinitely and vested in the Archaeological Conservancy, Nature Conservancy, American Land Conservancy or Nevada Land Conservancy for the purposes of education, environmental protection or
conservation.

2. When the Archaeological Conservancy, Nature
Conservancy, American Land Conservancy or Nevada Land Conservancy transfers
property it has held for purposes of education, environmental protection or conservation
to any person, partnership, association, corporation or entity other than the Federal Government, the State
or a local governmental unit, the property must be assessed at the rate set for
first-class pasture by the Nevada Tax Commission for each year it was exempt
pursuant to subsection 1 and the taxes must be collected as other taxes under
this chapter are collected.

3. When the Archaeological Conservancy, Nature
Conservancy, American Land Conservancy or Nevada Land Conservancy transfers
property it has held for purposes other than education, environmental protection or conservation
to any person, partnership, association, corporation or entity other than the Federal Government, the State
or a local governmental unit, the tax imposed by this chapter must be assessed
against the property for each year it was exempt pursuant to subsection 1 and
collected in the manner provided in this chapter.

4. The Nevada Tax Commission shall adopt regulations
specifying the criteria for determining when property [has been]is held by the
Archaeological Conservancy, Nature Conservancy, American Land Conservancy or
Nevada Land Conservancy for purposes of education, environmental protection or conservation.

AN ACT relating to
crimes; providing for the freezing and forfeiture of the assets of a person who
commits certain offenses involving the pandering or prostitution of a child;
authorizing a court to impose an additional criminal fine on a person convicted
of certain offenses involving the pandering or prostitution of a child; and
providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law establishes several crimes relating to pandering
or prostitution, including: (1) pandering by inducing a person to become a
prostitute through threats or other actions; (2) pandering by placing a spouse
in a house of prostitution through force, fraud, intimidation or threats; (3)
living from the earnings of a prostitute; (4) pandering by detaining a person
in a house of prostitution because of any debt; and (5) pandering by furnishing
transportation to induce a person to become a prostitute or engage in
prostitution. (NRS 201.300-201.340)

Section 2 of this bill provides that: (1) the
assets of a person who commits an offense involving the pandering or
prostitution of a child are subject to forfeiture; and (2) in a proceeding for
such a forfeiture, a temporary restraining order may be entered by the court to
freeze the assets of such a person. Sections 2 and 5.5 of this bill
require the proceeds of the forfeiture, which remain after satisfying certain
protected interests and paying certain expenses related to the forfeiture
proceeding, be distributed to programs for the prevention of child prostitution
which are designated by the district attorney of the county.

Section 3 of this bill provides that, in addition
to the criminal penalties prescribed by statute, a court may impose additional
criminal fines on a person who is convicted of an offense involving pandering
or prostitution of a child.

Section 1. Chapter
201 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2, 3 and 4 of this act.

Sec. 2. 1.
All assets derived
from or relating to any violation of NRS 201.300 to 201.340, inclusive, in
which the victim of the offense is a child when the offense is committed are
subject to forfeiture pursuant to NRS 179.121 and a proceeding for their
forfeiture may be brought pursuant to NRS 179.1156 to 179.121, inclusive.

2. In any
proceeding for forfeiture brought pursuant to NRS
179.1156 to 179.121, inclusive, the plaintiff may apply for, and a court may
issue without notice or hearing, a temporary restraining order to preserve
property which would be subject to forfeiture pursuant to this section if:

(a) The
forfeitable property is in the possession or control of the party against whom
the order will be entered; and

(b) The court
determines that the nature of the property is such that it can be concealed,
disposed of or placed beyond the jurisdiction of the court before a hearing on
the matter.

3. A temporary
restraining order which is issued without notice may be issued for not more
than 10 days and may be extended only for good cause or by consent. The court
shall provide notice and hold a hearing on the matter before the order expires.

4.Any
proceeds derived from a forfeiture of property pursuant to this section and
remaining after the distribution required by subsection 1 of NRS 179.118 must
be deposited with the county treasurer and distributed to programs for the
prevention of child prostitution which are designated to receive such
distributions by the district attorney of the county.

Sec. 3. 1.
If a person is
convicted of a violation of any provision of NRS 201.300
to 201.340, inclusive, and the victim of the violation is a child who is:

(a) At least 14
years of age but less than 18 years of age when the offense is committed, the
court may, in addition to the punishment prescribed by statute for the offense
and any fine imposed pursuant to subsection 2, impose a fine of not more than
$100,000.

(b) Less than
14 years of age when the offense is committed, the court may, in addition to
the term of imprisonment prescribed by statute for the offense and any fine imposed
pursuant to subsection 2, impose a fine of not more than $500,000.

2. If a person
is convicted of a violation of any provision of NRS 201.300 to 201.340,
inclusive, the victim of the offense is a child when the offense is committed
and the offense also involves a conspiracy to commit a violation of NRS 201.300
to 201.340, inclusive, the court may, in addition to the punishment prescribed
by statute for the offense of a provision of NRS 201.300 to 201.340, inclusive,
and any fine imposed pursuant to subsection 1, impose a fine of not more than
$500,000.

3.The
provisions of subsections 1 and 2 do not create a separate offense but provide
an additional penalty for the primary offense, the imposition of which is
contingent upon the finding of the prescribed fact.

201.295 As used in NRS 201.295 to 201.440, inclusive, and sections 2 and 3 of this act, unless the
context otherwise requires:

1. Adult means a person 18 years of age or older.

2. Child means a person less than 18 years of age.

3. Prostitute means a male or female person who for
a fee engages in sexual intercourse, oral-genital contact or any touching of
the sexual organs or other intimate parts of a person for the purpose of
arousing or gratifying the sexual desire of either person.

4. Prostitution means engaging in sexual conduct for
a fee.

5. Sexual conduct means any of the acts enumerated in
subsection 3.

Sec. 5.5. NRS
179.118 is hereby amended to read as follows:

179.118 1. The proceeds from any sale or retention of
property declared to be forfeited and any interest accrued pursuant to subsection
2 of NRS 179.1175 must be applied, first, to the satisfaction of any protected
interest established by a claimant in the proceeding, then to the proper
expenses of the proceeding for forfeiture and resulting sale, including the
expense of effecting the seizure, the expense of maintaining custody, the
expense of advertising and the costs of the suit.

2. Any balance remaining after the distribution
required by subsection 1 must be deposited as follows:

(a) Except as otherwise provided in this subsection, if
the plaintiff seized the property, in the special account established pursuant
to NRS 179.1187 by the governing body that controls the plaintiff.

(b) Except as otherwise provided in this subsection, if
the plaintiff is a metropolitan police department, in the special account
established by the Metropolitan Police Committee on Fiscal Affairs pursuant to
NRS 179.1187.

(c) Except as otherwise provided in this subsection, if
more than one agency was substantially involved in the seizure, in an equitable
manner to be directed by the court hearing the proceeding for forfeiture.

(d) If the property was seized pursuant to NRS 200.760,
in the State Treasury for credit to the Fund for the Compensation of Victims of
Crime to be used for the counseling and the medical treatment of victims of
crimes committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or
201.230.

(e) If the property was seized as the result of a
violation of NRS 202.300, in the general fund of the county in which the
complaint for forfeiture was filed, to be used to support programs of
counseling of persons ordered by the court to attend counseling pursuant to NRS
62E.290.

(f)If the property was
forfeited pursuant to section 2 of this act, with the county treasurer to be
distributed in accordance with the provisions of subsection 4 of section 2 of
this act.

Sec. 6. NRS
179.121 is hereby amended to read as follows:

179.121 1. All personal property, including, without
limitation, any tool, substance, weapon, machine, computer, money or security,
which is used as an instrumentality in any of the following crimes is subject
to forfeiture:

(a) The commission of or attempted commission of the
crime of murder, robbery, kidnapping, burglary, invasion of the home, grand
larceny[,]or theft if it is
punishable as a felony ; [,
or pandering;]

(b) The commission of or attempted commission of any
felony with the intent to commit, cause, aid, further or conceal an act of
terrorism;

2. Except as otherwise provided for conveyances
forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including
aircraft, vehicles or vessels, which are used or intended for use during the
commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to
465.085, inclusive, are subject to forfeiture except that:

(a) A conveyance used by any person as a common carrier
in the transaction of business as a common carrier is not subject to forfeiture
under this section unless it appears that the owner or other person in charge
of the conveyance is a consenting party or privy to the felony or violation;

(b) A conveyance is not subject to forfeiture under
this section by reason of any act or omission established by the owner thereof
to have been committed or omitted without his knowledge, consent or willful
blindness;

(c) A conveyance is not subject to forfeiture for a
violation of NRS 202.300 if the firearm used in the violation of that section
was not loaded at the time of the violation; and

(d) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the secured party if he
neither had knowledge of nor consented to the felony. If a conveyance is
forfeited, the appropriate law enforcement agency may pay the existing balance
and retain the conveyance for official use.

3. For the purposes of this section, a firearm is
loaded if:

(a) There is a cartridge in the chamber of the firearm;

(b) There is a cartridge in the cylinder of the
firearm, if the firearm is a revolver; or

(c) There is a cartridge in the magazine and the
magazine is in the firearm or there is a cartridge in the chamber, if the
firearm is a semiautomatic firearm.

4. As used in this section, act of terrorism has the
meaning ascribed to it in NRS 202.4415.

AN ACT relating to
personal identifying information; prohibiting a business from printing certain
information concerning a credit card or debit card on any copy of a receipt
retained by the business; prohibiting a person from providing machines that do
not allow a business to comply with the prohibition against printing certain
information; providing civil and criminal penalties; and providing other
matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing state and federal laws prohibit a person who
accepts credit cards or debit cards for the transaction of business from
printing the expiration date of the card or more than the last five digits of
the account number of the card on any receipt provided to the cardholder. (NRS
597.945; 15 U.S.C. § 1681c(g)) Section 2 of this bill prohibits a
business from printing more than the last five digits of the account number of
the card on any copy of the receipt that is retained by the business that
accepted the card. Additionally, section 2 prescribes a civil penalty of
$500 for a business that violates these provisions and an additional penalty of
$1,000 per week for a business that does not correct the violation. The
aggregate amount of civil penalties imposed on a business for violations of
these provisions which occur on the same premises must not exceed $4,500.
Finally, section 2 authorizes the Attorney General or a district
attorney to: (1) recover the civil penalties in a civil action; and (2) bring
an action to enjoin any violation of the provisions of section 2. A
business that violates any order or injunction issued to enjoin a violation of
the provisions of section 2 is guilty of a gross misdemeanor.

Section 3 of this bill exempts from the
applicability of section 2, from July 1, 2009, to December 31, 2009, a business
that does not have the ability to control or adjust the manner in which a
receipt is electronically printed.

Section 1 of this bill prohibits a manufacturer or
a supplier from providing, selling or leasing a cash register or other machine
or device that does not allow a business to comply with the provisions of section
2. Section 1 also authorizes the Attorney General or a district
attorney to bring an action to enjoin any violation of the provisions of section
1. A person who violates any order or injunction issued to enjoin a
violation of the provisions of section 1 is guilty of a gross
misdemeanor.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
597 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A
manufacturer or supplier of a cash register or other machine or device that
prints receipts for transactions in which a credit card or debit card is used
shall not provide, lease or sell for the transaction of business any equipment that does not allow a business to comply
with the provisions of subsection 1 of NRS 597.945.

business any
equipment that does not allow a business to comply with the provisions of
subsection 1 of NRS 597.945.

2. The
Attorney General or the district attorney may bring an action in any court of
competent jurisdiction in the name of the State of Nevada against any person to
restrain and prevent any violation of this section. The court may issue an
injunction for those purposes without proof of actual damage sustained by any
person.

3. A
person who violates any order or injunction issued pursuant to this section is
guilty of a gross misdemeanor.

4. As
used in this section:

(a) Credit
card has the meaning ascribed to it in NRS 597.945.

(b) Debit
card has the meaning ascribed to it in NRS 597.945.

(c) Supplier
means a person engaged in the business of providing, leasing or selling cash
registers or other machines or devices that are used to print receipts in the
transaction of business.

Sec. 2. NRS
597.945 is hereby amended to read as follows:

597.945 1. Except as otherwise provided in this
section, if a [person]business accepts credit cards or debit cards
for the transaction of business, the [person]business shall not :[do any of the following:]

(a) Print the expiration date of the credit card or
debit card on any receipt provided to the cardholder ; [.]

(b) Print more than the last five digits of the account
number of the credit card or debit card on any receipt provided to the
cardholder[.] ; or

(c) Print
more than the last five digits of the account number of the credit card or
debit card on any copy of a receipt retained by the business.

2. This section:

(a) Applies only to receipts that are electronically
printed.

(b) Does not apply to transactions in which the only
means of recording the credit card or debit card number is:

(1) By handwriting the credit card or debit card
number; or

(2) By imprinting or copying the credit card or
debit card.

3. [If any cash register or other machine or device that
electronically prints receipts for credit card or debit card transactions was
first put into use before October 1, 2003, the provisions of this section do
not apply to any transaction that occurs with regard to that cash register or
other machine or device before January 1, 2008.] A business that violates any provision of this section is liable for a civil
penalty in the amount of $500. The business must be given notice of the violation
and 2 weeks to correct the violation. A business
that does not
correct the violation within 2 weeks after receiving notice of the violation is
liable for an additional civil penalty in the amount of $1,000 per week until
the business corrects the violation, except that the aggregate amount of
civil penalties imposed on a business for violations which occur on the same
premises must not exceed $4,500.

4. A
civil penalty imposed pursuant to subsection 3 must be recovered in a civil
action brought in the name of the State of Nevada by the Attorney General or by
any district attorney in a court of competent jurisdiction. Any penalty collected
pursuant to this section must be paid to the State Treasurer for credit to the
State General Fund.

5. The
Attorney General or the district attorney may bring an action in any court of
competent jurisdiction in the name of the State of Nevada against any business to restrain and prevent any violation of this section.

The court may
issue an injunction for those purposes without proof of actual damage sustained
by any person.

6. A business that violates any order or injunction issued pursuant to this
section is guilty of a gross misdemeanor.

7. As
used in this section:

(a) Credit card means any instrument or device,
whether known as a credit card, credit plate or by any other name, issued with
or without fee by an issuer for the use of the cardholder in obtaining money,
property, goods, services or anything else of value on credit.

(b) Debit card means any instrument or device,
whether known as a debit card or by any other name, that is issued with or
without a fee by an issuer for the use of the cardholder in obtaining money,
property, goods, services or anything else of value, subject to the issuer
removing money from the checking account or savings account of the cardholder.

Sec. 3. 1. From July
1, 2009, to December 31, 2009, inclusive, the prohibitions set forth in
subsection 1 of NRS 597.945 are applicable only to a business that has the
control or ability to adjust the manner in which a receipt is electronically
printed for transactions in which a credit card or debit card is used.

2. As used in this section:

(a) Credit card has the meaning ascribed to it in NRS
597.945.

(b) Debit card has the meaning ascribed to it in NRS
597.945.

Sec. 4. 1. This section and sections 2 and 3 of
this act become effective on July 1, 2009.

2. Section 1 of this act becomes effective on October
1, 2009.

________

κ2009
Statutes of Nevada, Page 580κ

CHAPTER 162, AB 393

Assembly Bill No. 393Assemblywoman Smith

CHAPTER 162

AN ACT relating to
education; revising provisions relating to the enrollment of pupils in charter
schools; and providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law authorizes a charter school which is
dedicated to providing certain services to pupils who are at risk to enroll a
child who is the sibling of a pupil enrolled in the charter school or who
resides within 2 miles of the charter school if the charter school is located
in an area with a high percentage of children who are at risk before the
charter school enrolls other pupils who are eligible for enrollment. If more
children who are eligible for such enrollment apply for enrollment than the
number of spaces available, the charter school shall determine which applicants
to enroll on the basis of a lottery system. (NRS 386.580) This bill amends
existing law to authorize such a charter school to enroll a child who was
enrolled in a prekindergarten or other early childhood educational program at
the charter school and to enroll a child whose parent is employed full-time by
the charter school before enrolling other eligible children.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
386.580 is hereby amended to read as follows:

386.580 1. An application for enrollment in a charter
school may be submitted to the governing body of the charter school by the
parent or legal guardian of any child who resides in this State. Except as
otherwise provided in this subsection and subsection 2, a charter school shall
enroll pupils who are eligible for enrollment in the order in which the
applications are received. If the board of trustees of the school district in
which the charter school is located has established zones of attendance
pursuant to NRS 388.040, the charter school shall, if practicable, ensure that
the racial composition of pupils enrolled in the charter school does not differ
by more than 10 percent from the racial composition of pupils who attend public
schools in the zone in which the charter school is located. If a charter school
is sponsored by the board of trustees of a school district located in a county
whose population is 100,000 or more, except for a program of distance education
provided by the charter school, the charter school shall enroll pupils who are
eligible for enrollment who reside in the school district in which the charter
school is located before enrolling pupils who reside outside the school
district. Except as otherwise provided in subsection 2, if more pupils who are
eligible for enrollment apply for enrollment in the charter school than the number
of spaces which are available, the charter school shall determine which
applicants to enroll pursuant to this subsection on the basis of a lottery
system.

2. Before a charter school enrolls pupils who are
eligible for enrollment, a charter school that is dedicated to providing
educational programs and opportunities to pupils who are at risk may enroll a
child who:

(a) Is a sibling of a pupil who is currently enrolled
in the charter school; [or]

(b) Was
enrolled, on the basis of a lottery system, in a prekindergarten program at the
charter school or any other early childhood educational program affiliated with
the charter school;

(c) Is a
child of a person employed in a full-time position by the charter school; or

(d) Resides
within the school district and within 2 miles of the charter school if the
charter school is located in an area that the sponsor of the charter school
determines includes a high percentage of children who are at risk. If space is
available after the charter school enrolls pupils pursuant to this paragraph,
the charter school may enroll children who reside outside the school district
but within 2 miles of the charter school if the charter school is located
within an area that the sponsor determines includes a high percentage of
children who are at risk.

Κ If more
pupils described in this subsection who are eligible apply for enrollment than
the number of spaces available, the charter school shall determine which
applicants to enroll pursuant to this subsection on the basis of a lottery
system.

3. Except as otherwise provided in subsection 8, a
charter school shall not accept applications for enrollment in the charter
school or otherwise discriminate based on the:

(a) Race;

(b) Gender;

(c) Religion;

(d) Ethnicity; or

(e) Disability,

Κ of a pupil.

4. If the governing body of a charter school
determines that the charter school is unable to provide an appropriate special
education program and related services for a particular disability of a pupil
who is enrolled in the charter school, the governing body may request that the
board of trustees of the school district of the county in which the pupil
resides transfer that pupil to an appropriate school.

5. Except as otherwise provided in this subsection,
upon the request of a parent or legal guardian of a child who is enrolled in a
public school of a school district or a private school, or a parent or legal
guardian of a homeschooled child, the governing body of the charter school
shall authorize the child to participate in a class that is not otherwise
available to the child at his school or homeschool or participate in an
extracurricular activity at the charter school if:

(a) Space for the child in the class or extracurricular
activity is available;

(b) The parent or legal guardian demonstrates to the
satisfaction of the governing body that the child is qualified to participate
in the class or extracurricular activity; and

(c) The child is a homeschooled child and a notice of
intent of a homeschooled child to participate in programs and activities is
filed for the child with the school district in which the child resides for the
current school year pursuant to NRS 392.705.

Κ If the
governing body of a charter school authorizes a child to participate in a class
or extracurricular activity pursuant to this subsection, the governing body is
not required to provide transportation for the child to attend
the class or activity.

attend the class or activity. A charter school shall not
authorize such a child to participate in a class or activity through a program
of distance education provided by the charter school pursuant to NRS 388.820 to
388.874, inclusive.

6. The governing body of a charter school may revoke
its approval for a child to participate in a class or extracurricular activity
at a charter school pursuant to subsection 5 if the governing body determines
that the child has failed to comply with applicable statutes, or applicable
rules and regulations. If the governing body so revokes its approval, neither
the governing body nor the charter school is liable for any damages relating to
the denial of services to the child.

7. The governing body of a charter school may, before
authorizing a homeschooled child to participate in a class or extracurricular activity
pursuant to subsection 5, require proof of the identity of the child,
including, without limitation, the birth certificate of the child or other
documentation sufficient to establish the identity of the child.

8. This section does not preclude the formation of a
charter school that is dedicated to provide educational services exclusively to
pupils:

(a) With disabilities;

(b) Who pose such severe disciplinary problems that
they warrant a specific educational program, including, without limitation, a
charter school specifically designed to serve a single gender that emphasizes
personal responsibility and rehabilitation; or

(c) Who are at risk.

Κ If more
eligible pupils apply for enrollment in such a charter school than the number
of spaces which are available, the charter school shall determine which
applicants to enroll pursuant to this subsection on the basis of a lottery
system.

AN ACT relating to
taxes on retail sales; revising various provisions governing sales and use
taxes to ensure continued compliance with the Streamlined Sales and Use Tax
Agreement; providing for the submission to the voters of the question whether
the Sales and Use Tax Act of 1955 should be amended to authorize the Legislature
to amend a provision of that Act only when necessary to resolve a conflict with
a federal law or interstate agreement for the administration of sales and use
taxes; and providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law provides for the administration of sales and
use taxes in this State pursuant to the Simplified Sales and Use Tax
Administration Act, the Sales and Use Tax Act and the Local School Support Tax
Law. (Chapters 360B, 372 and 374 of NRS) Under existing law, the Legislature
has found and declared that this State should enter into an interstate
agreement to simplify and modernize sales and use tax administration to reduce
the burden of tax compliance for all sellers and types of commerce. (NRS
360B.020) Existing law requires the Nevada Tax Commission to enter into the
Streamlined Sales and Use Tax Agreement and take all other actions reasonably
required to implement the provisions of the Agreement. (NRS 360B.110) Sections
1-9 of this bill carry out recent amendments to the Agreement regarding the
exclusion of electronically transferred products from certain required
definitions, the certification by the State of the software of certain computer
programs that calculate the taxes due on a sale, a limited waiver of liability
for sellers who fail to collect a tax increase that becomes effective within 30
days after the enactment of a statute which provides for that increase, and the
exclusion of certain delivery charges from the calculation of sales and use
taxes.

Existing law authorizes the adoption of an ordinance for
the imposition of a sales and use tax in Nye County to support public safety
services. (Nye County Sales and Use Tax Act of 2007) Section 10 of this
bill revises the requirements for such an ordinance in accordance with the
provisions of the Streamlined Sales and Use Tax Agreement imposing restrictions
on the date of implementation of changes in tax rates.

Existing law includes various provisions of the Sales and
Use Tax Act of 1955. (NRS 372.010-372.115, 372.185-372.205, 372.260-372.284,
372.285-372.326, 372.327-372.345, 372.350) Under existing law, the provisions
of that Act, which was submitted to and approved by the voters at the 1956
General Election, cannot be amended or repealed without additional voter
approval. (Nev. Const. Art. 19, § 1) Sections 11-19 of this bill provide
for the submission to the voters of an amendment to that Act to authorize the
Legislature to amend that Act only if such a legislative amendment is necessary
to resolve a conflict with any federal law or interstate agreement for the
administration of sales and use taxes, and the legislative amendment does not
increase the rate of a tax imposed pursuant to that Act or narrow the scope of
a tax exemption approved by the voters.

(a) Digital audio works means works that result from
the fixation of a series of musical, spoken or other sounds, including
ringtones.

(b) Digital audiovisual works means a series of
related images which, when shown in succession, impart an impression of motion,
together with accompanying sounds, if any.

(c) Digital books means works that are generally
recognized in the ordinary and usual sense as books.

(d) Electronically transferred means obtained by a
purchaser by means other than tangible storage media.

(e) Ringtones means digitized sound files that are
downloaded onto a device and may be used to alert the customer with respect to
a communication.

Sec. 2. NRS
360B.225 is hereby amended to read as follows:

360B.225 The Department shall:

1. Review the software submitted for the certification
of a certified automated system pursuant to the Agreement and, if the
Department determines that the software [adequately classifies
each exemption from the sales and use taxes imposed in this State which is
based upon the description of a product,]accurately reflects the taxability of
the product categories included in the program, certify its
acceptance of the [classifications made by the system.] determination of the taxability of the
product categories included in the program.

2. Except as otherwise provided in subsection 3:

(a) If a certified service provider acting on behalf of
a registered seller fails to collect the correct amount of any sales or use tax
imposed in this State as a result of his reliance on the certification of the
Department pursuant to subsection 1 regarding the certified automated system
used by that certified service provider, waive any liability of the certified
service provider, and of the registered seller on whose behalf the certified
service provider is acting, for:

(1) The amount of the sales or use tax which the
certified service provider fails to collect as a result of that reliance; and

(2) Any penalties and interest on that amount.

(b) If a registered seller who elects to use a
certified automated system pursuant to subsection 3 of NRS 360B.200 fails to
collect the correct amount of any sales or use tax imposed in this State as a
result of his reliance on the certification of the Department pursuant to
subsection 1 regarding the certified automated system used by that registered
seller, waive any liability of the registered seller for:

(1) The amount of the sales or use tax which the
registered seller fails to collect as a result of that reliance; and

(2) Any penalties and interest on that amount.

3. Notify a certified service provider or a registered
seller who elects to use a certified automated system pursuant to subsection 3
of NRS 360B.200 if the Department determines that the taxability
of any item or transaction is being incorrectly classified by the certified
automated system used by the certified service provider or registered seller.

if the Department determines that the taxability of any item
or transaction is being incorrectly classified by the certified automated
system used by the certified service provider or registered seller. The
provisions of subsection 2 do not require the waiver of any liability for the
incorrect classification of an item or transaction regarding which notice was
provided to the certified service provider or registered seller pursuant to
this subsection if the incorrect classification occurs more than 10 days after
the receipt of that notice.

Sec. 3. NRS
360B.250 is hereby amended to read as follows:

360B.250 The Department shall:

1. If a registered seller fails to collect the correct
amount of any sales or use tax imposed in this State as a result of his
reasonable reliance on the information posted pursuant to NRS 360B.230 or his
compliance with subsection 2 of NRS 360B.240, waive any liability of the
registered seller for:

(a) The amount of the sales or use tax which the
registered seller fails to collect as a result of that reliance; and

(b) Any penalties and interest on that amount.

2. If a certified service provider acting on behalf of
a registered seller fails to collect the correct amount of any sales or use tax
imposed in this State as a result of his reasonable reliance on the information
posted pursuant to NRS 360B.230 or his compliance with subsection 2 of NRS
360B.240, waive any liability of the certified service provider, and of the
registered seller on whose behalf the certified service provider is acting,
for:

(a) The amount of the sales or use tax which the
certified service provider fails to collect as a result of that reliance; and

(b) Any penalties and interest on that amount.

3. Waive any liability of a purchaser for any sum for
which the liability of a registered seller or certified service provider is
required to be waived pursuant to subsection 1 or 2 with regard to a
transaction involving that purchaser.

4. If a purchaser fails to pay the correct amount of
any sales or use tax imposed in this State as a result of his reasonable
reliance on the information posted pursuant to NRS 360B.230, waive any
liability of the purchaser for:

(a) The amount of the sales or use tax which the
purchaser fails to pay as a result of that reliance; and

(b) Any penalties and interest on that amount.

5. If an
increase in the rate of any sales or use tax imposed in this State becomes
effective within 30 days after the enactment of a statute providing for that
increase, waive any liability of a registered seller for:

(a) The
amount of the sales or use tax which the registered seller fails to collect at
the increased rate; and

(b) Any
penalties and interest on that amount,

Κ unless
the registered seller fails to collect the tax at the rate in effect
immediately preceding that increase, the registered sellers failure to collect
the tax at the increased rate extends beyond the first 30 days after the
enactment of the statute providing for that increase, the registered seller
fraudulently fails to collect the tax at the increased rate or the registered
seller solicits purchasers based on the rate in effect immediately preceding
that increase.

360B.290 Any invoice, billing or other document given
to a purchaser that indicates the sales price for which tangible personal
property is sold must state separately any amount received by the seller for:

1. Any
transportation, shipping or postage charges for the delivery of the property to
a location designated by the purchaser.

2. Any
installation charges for the property;

[2.]3. Any credit for any trade-in which is
specifically exempted from the sales price of the property pursuant to chapter
372 or 374 of NRS;

[3.]4. Any interest, financing and carrying
charges from credit extended on the sale; and

[4.]5. Any taxes legally imposed directly on the
consumer.

Sec. 5. NRS
360B.400 is hereby amended to read as follows:

360B.400 In administering the provisions of this
chapter and chapters 372 and 374 of NRS, and in carrying out the provisions of
the Agreement, the Department shall construe the terms defined in NRS 360B.405
to 360B.495, inclusive, and
section 1 of this act, unless the context otherwise requires, in
the manner prescribed by those sections.

Sec. 6. NRS
360B.415 is hereby amended to read as follows:

360B.415 Computer software means a set of coded
instructions designed to cause a computer or automatic data processing
equipment to perform a task. The
term does not include any specified digital products.

Sec. 7. NRS
360B.425 is hereby amended to read as follows:

360B.425 Delivery charges means charges by a seller
of personal property for the preparation and delivery of the property to a
location designated by the purchaser of the property, including, but not
limited to, charges for transportation, shipping, postage, handling, crating
and packing[.] , except that the term does not include
any charges for transportation, shipping or postage which are stated separately
pursuant to NRS 360B.290.

Sec. 8. NRS
360B.480 is hereby amended to read as follows:

360B.480 1. Sales price means the total amount of
consideration, including cash, credit, property and services, for which
personal property is sold, leased or rented, valued in money, whether received
in money or otherwise, and without any deduction for:

(a) The sellers cost of the property sold;

(b) The cost of materials used, labor or service cost,
interest, losses, all costs of transportation to the seller, all taxes imposed
on the seller, and any other expense of the seller;

(c) Any charges by the seller for any services
necessary to complete the sale, including any delivery charges which are not stated separately pursuant
to NRS 360B.290 and excluding any installation charges which are
stated separately pursuant to NRS 360B.290; and

(d) Except as otherwise provided in subsection 2, any
credit for any trade-in.

2. The term does not include:

(a) Any
delivery charges which are stated separately pursuant to NRS 360B.290;

(b) Any
installation charges which are stated separately pursuant to NRS 360B.290;

(1) Specifically exempted from the sales price
pursuant to chapter 372 or 374 of NRS; and

(2) Stated separately pursuant to NRS 360B.290;

[(c)](d) Any discounts, including those in the form
of cash, term or coupons that are not reimbursed by a third party, which are
allowed by a seller and taken by the purchaser on a sale;

[(d)](e) Any interest, financing and carrying
charges from credit extended on the sale of personal property, if stated
separately pursuant to NRS 360B.290; and

[(e)](f) Any taxes legally imposed directly on the
consumer which are stated separately pursuant to NRS 360B.290.

3. The term includes consideration received by a
seller from a third party if:

(a) The seller actually receives consideration from a
person other than the purchaser and the consideration is directly related to a
price reduction or discount on the sale;

(b) The seller has an obligation to pass the price
reduction or discount through to the purchaser;

(c) The amount of the consideration attributable to the
sale is fixed and determinable by the seller at the time of the sale of the
item to the purchaser; and

(d) Any of the following criteria is satisfied:

(1) The purchaser presents a coupon, certificate
or other documentation to the seller to claim a price reduction or discount,
and the coupon, certificate or other documentation is authorized, distributed
or granted by a third party with the understanding that the third party will
reimburse any seller to whom the coupon, certificate or other documentation is
presented.

(2) The purchaser identifies himself to the
seller as a member of a group or organization entitled to a price reduction or
discount. For the purposes of this subparagraph, a preferred customer card that
is available to any patron does not constitute membership in such a group.

(3) The price reduction or discount is identified
as a third-party price reduction or discount on the invoice received by the
purchaser or on a coupon, certificate or other documentation presented by the
purchaser.

Sec. 9. NRS
360B.485 is hereby amended to read as follows:

360B.485 Tangible personal property includes, but is
not limited to, electricity, water, gas, steam and prewritten computer
software. The term does not
include any products that are transferred electronically to a purchaser.

Sec. 10. Section
15 of the Nye County Sales and Use Tax Act of 2007, being chapter 545, Statutes
of Nevada 2007, at page 3425, is hereby amended to read as follows:

Sec. 15. An ordinance enacted
pursuant to this act must include provisions in substance as follows:

1. A provision imposing a tax
on the gross receipts of any retailer from the sale of all tangible personal
property sold at retail or stored, used or otherwise consumed in the County,
including incorporated cities in the County, at a rate that does not exceed
one-half of 1 percent.

2. Provisions substantially
identical to those contained in chapter 374 of NRS, insofar as applicable.

3.A
provision that an amendment to chapter 374 of NRS enacted after the effective
date of the ordinance, not inconsistent with this act, automatically becomes
part of the ordinance imposing the tax.

4. A provision that the Board
shall contract with the Department, before the effective date of the ordinance,
to perform all the functions incident to the administration or operation of the
tax in the County.

5. A provision that a
purchaser is entitled to a refund, in accordance with the provisions of NRS
374.635 to 374.720, inclusive, of the amount of the tax required to be paid
that is attributable to the tax imposed on the sale of, and the storage, use or
other consumption in the County, including incorporated cities in the County,
of, tangible personal property used for the performance of a written contract
for the construction of an improvement to real property:

(a) That was entered into on
or before the effective date of the tax; or

(b) For which a binding bid
was submitted before that date if the bid was afterward accepted, and pursuant
to the terms of the contract or bid, the contract price or bid amount may not
be adjusted to reflect the imposition of the tax.

6. A provision that specifies
the date on which the tax must first be imposed[,]or on which any change in the rate of
tax becomes effective, which must [not be earlier than]be the first day of
the [second calendar month following]first calendar quarter that begins at
least 120 days after the effective date of the ordinance.

Sec. 11. The Legislature hereby finds and declares
that:

1. There has been a rapid increase during recent years in
the conduct of interstate commerce through telecommunication and electronic
means.

2. Many of the merchants who transact these forms of
interstate commerce have been discouraged by the substantial burdens of
ascertaining and complying with the extremely diverse and detailed tax laws of
each state from making the efforts necessary to collect sales and use taxes on
behalf of the states in which they do not maintain a place of business.

3. As a result of the proliferation of these forms of
interstate commerce and federal restrictions on the ability of each state to
collect sales and use taxes from merchants who do not maintain a place of
business in that state, the people of this State are losing millions of dollars
in state and local tax revenue.

4. The nonpayment of Nevada sales and use taxes by
merchants in other states provides those merchants with an unfair competitive
advantage over local merchants who lawfully pay the sales and use taxes due in
this State.

5. As a result of the similarity of these circumstances in
the various states, considerable efforts are being made to provide more
uniformity, simplicity and fairness in the administration and collection of
sales and use taxes in this country, including the introduction and
consideration of congressional legislation and the participation by Nevada and
many other states in the Streamlined Sales and Use Tax Agreement.

6. Compliance with the Streamlined Sales and Use Tax
Agreement and its amendments has and will continue to require amendments to the
Nevada Sales and Use Tax Act, and it is anticipated that any congressional
legislation will also necessitate such amendments.

7. The Nevada Sales and Use Tax Act was approved by
referendum at the General Election in 1956 and therefore, pursuant to Section 1
of Article 19 of the Constitution of the State of Nevada, may not be amended,
annulled, repealed, set aside, suspended or in any way made inoperative except
by the direct vote of the people.

8. Unlike the circumstances in other states where
legislatures have the direct authority to amend sales and use tax laws in a
timely manner, the period required for the legislative enactment and subsequent
voter approval of any necessary amendments to the Nevada Sales and Use Tax Act
has placed the ability of this State to comply with the Streamlined Sales and
Use Tax Agreement and any congressional legislation in serious jeopardy.

9. It would be beneficial to the public welfare for the
people of this State by direct vote to authorize the Legislature to enact
without any additional voter approval such amendments to the Nevada Sales and
Use Tax Act as are necessary to resolve conflicts with any congressional
legislation or interstate agreements providing for the administration,
collection or enforcement of sales and use taxes.

Sec. 12. At the General Election on November 2,
2010, a proposal must be submitted to the registered voters of this State to
amend the Sales and Use Tax Act, which was enacted by the 47th Session of the
Legislature of the State of Nevada and approved by the Governor in 1955, and
subsequently approved by the people of this State at the General Election held
on November 6, 1956.

Sec. 13. At the time and in the manner provided by
law, the Secretary of State shall transmit the proposed act to the several
county clerks, and the county clerks shall cause it to be published and posted
as provided by law.

Sec. 14. The proclamation and notice to the voters
given by the county clerks pursuant to law must be in substantially the following
form:

Notice is hereby given
that at the General Election on November 2, 2010, a question will appear on the
ballot for the adoption or rejection by the registered voters of the State of
the following proposed act:

AN ACT to amend an Act
entitled An Act to provide revenue for the State of Nevada; providing for
sales and use taxes; providing for the manner of collection; defining certain
terms; providing penalties for violation, and other matters properly relating
thereto. approved March 29, 1955, as amended.

THE PEOPLE
OF THE STATE OF NEVADA

DO ENACT AS
FOLLOWS:

Section 1. The
above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 788, is
hereby amended by adding thereto a new section to be designated as section
153.5, immediately following section 153.2, to read as follows:

Sec. 153.5. The people of the State of Nevada hereby authorize the
Legislature to enact legislation that amends, annuls, repeals, sets aside,
suspends or otherwise makes inoperative any provision of this Act, being
chapter 397, Statutes of Nevada 1955, at page 762, only if such legislation
meets all of the following criteria:

1. It is necessary to resolve a conflict with any federal
statute or regulation or interstate agreement for the administration,
collection or enforcement of sales and use taxes;

2. It does not increase the rate of any tax imposed
pursuant to this Act; and

3. It does not narrow the scope of any tax exemption
provided pursuant to the provisions of sections 48 to 67.1, inclusive, of this
Act, as amended by the direct vote of the people.

Sec. 2. This act becomes
effective on January 1, 2011.

Sec. 15. The ballot page assemblies and the paper
ballots to be used in voting on the question must present the question in
substantially the following form:

Shall the Sales and Use Tax Act of 1955 be amended to
authorize the Legislature to amend a provision of this Act only if necessary to
resolve a conflict with any federal law or interstate agreement for the
administration, collection or enforcement of sales and use taxes?

Yes ¨ No ¨

Sec. 16. The explanation of the question which must
appear on each paper ballot and sample ballot and in every publication and
posting of notice of the question must be in substantially the following form:

(Explanation
of Question)

The proposed amendment to the Sales and Use Tax Act of 1955
would authorize the Legislature to enact legislation amending a provision of
this Act only if that legislation is necessary to resolve a conflict with any
federal law or interstate agreement for the administration, collection or
enforcement of sales and use taxes, that legislation does not increase the rate
of any tax imposed pursuant to this Act, and that legislation does not narrow
the scope of a tax exemption approved by the direct vote of the people.

Sec. 17. If a majority of the votes cast on the
question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes
effective on January 1, 2011. If less than a majority of votes cast on the
question is yes, the question fails and the amendment to the Sales and Use Tax
Act of 1955 does not become effective.

Sec. 18. All general election laws not inconsistent
with this act are applicable.

Sec. 19. Any informalities, omissions or defects in
the content or making of the publications, proclamations or notices provided
for in this act and by the general election laws under which this election is
held must be so construed as not to invalidate the adoption of the act by a
majority of the registered voters voting on the question if it can be
ascertained with reasonable certainty from the official returns transmitted to
the Office of the Secretary of State whether the proposed amendment was adopted
by a majority of those registered voters.

Sec. 20. The amendatory provisions of section 10 of
this act do not apply to any ordinance enacted before the effective date of
this act.

AN ACT relating to
counties; authorizing certain smaller counties to combine or separate certain
county offices after approval by a vote of the residents of the county; and
providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law grants to the Nevada Legislature the power
to increase, diminish, consolidate or abolish the offices of county clerk,
county recorder, auditor, sheriff, district attorney and public administrator.
(Nev. Const., Art. 4, § 32) As interpreted by the Nevada Supreme Court, Nev.
Const., Art. 4, § 32, does not set forth an exhaustive list of all the county
offices that the Legislature may increase, diminish, consolidate or abolish
but, instead, clarifies that although the offices of county clerk, county
recorder, auditor, sheriff, district attorney and public administrator are
constitutional offices, the Legislature may nonetheless increase, diminish, consolidate
or abolish those offices. (Harvey v. Second Judicial Dist. Court,
117 Nev. 754, 764-66 (2001)) The Court has further determined that the
Legislature may either exercise or delegate the authority set forth in Nev.
Const., Art. 4, § 32. (Cawley v. Pershing County, 50 Nev. 237, 247
(1927))

This bill, in counties whose population is less than
40,000 (currently counties other than Clark, Douglas, Elko and Washoe Counties
and Carson City), authorizes the governing body of the county, after making
certain findings and after approval of the residents of the county pursuant to
an advisory ballot question (NRS 293.482), to combine or separate any county
offices, except for constitutional county offices that are not listed in Nev.
Const., Art. 4, § 32. Thus, this bill does not authorize the governing body of
a county to combine or separate such offices as county commissioner or district
judge. (Nev. Const., Art. 4, § 26, Art. 6, § 5)

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
244 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except as
otherwise provided in subsection 2, the board of county commissioners of a
county whose population is less than 40,000 may by ordinance direct that:

(a) The powers
and duties of two or more county offices be combined into one county office.

(b) The powers
and duties of one county office be allocated between two or more county
offices.

2. A board of
county commissioners shall not take the action described in subsection 1
unless:

(a) The board
determines that the combining or separating of the applicable county offices
will benefit the public;

(b) The board
determines that the combining or separating of the applicable county offices
will not create:

(2) A
situation in which the powers and duties assigned to a county office are
incompatible with the proper performance of that office in the public interest;

(c) The board
submits to the residents of the county, in the form of an advisory ballot
question pursuant to NRS 293.482, a proposal to combine or separate the
applicable county offices; and

(d) A majority
of the voters voting on the advisory ballot question approves the proposal.

3. If the
combining or separating of county offices pursuant to this section will result
in the elimination of one or more county offices, the combining or separating
of offices must not become effective until the earlier of the date on which:

(a) The normal
term of office of the person whose office will be eliminated expires; or

(b) The person
whose office will be eliminated resigns.

4. If the
combining or separating of county offices pursuant to this section results in
the powers and duties of one county office being transferred to another county
office, the county office to which the powers and duties are transferred shall
be deemed to be the county office from which the powers and duties were
transferred for the purposes of any applicable provision of law authorizing or
requiring the performance or exercise of those powers and duties, as appropriate.

Sec. 2. NRS
247.010 is hereby amended to read as follows:

247.010 1. Except as otherwise provided in subsection
3[,]or as altered pursuant to the
mechanism set forth in section 1 of this act, county recorders
must be elected by the qualified electors of their respective counties.

2. County recorders must be chosen by the electors of
their respective counties at the general election in 1922, and at the general
election every 4 years thereafter, and shall enter upon the duties of their respective
offices on the first Monday of January subsequent to their election.

3. The Clerk of Carson City is ex officio the Recorder
of Carson City.

Sec. 3. NRS
248.010 is hereby amended to read as follows:

248.010 Unless
the arrangement is altered pursuant to the mechanism set forth in section 1 of
this act:

1.
Sheriffs must be elected by the qualified electors of their respective
counties.

2. Sheriffs must be chosen by the electors of their
respective counties at the general election in 1922, and at the general
election every 4 years thereafter, and shall enter upon the duties of their
respective offices on the first Monday of January subsequent to their election.

Sec. 4. NRS
249.010 is hereby amended to read as follows:

249.010 1. Except as otherwise provided in subsection 3[,]or as altered pursuant to the mechanism
set forth in section 1 of this act, county treasurers must be
elected by the qualified electors of their respective counties.

2. County treasurers must be chosen by the electors of
their respective counties at the general election in 1922, and at the general
election every 4 years thereafter, and shall enter upon the duties of their
respective offices on the first Monday of January subsequent to their election.

3. The county clerks of Churchill, Douglas, Esmeralda,
Eureka, Lyon, Mineral, Pershing and Storey Counties are ex officio county
treasurers of their respective counties[.], unless such an arrangement is altered
pursuant to the mechanism set forth in section 1 of this act.

Sec. 5. NRS
251.010 is hereby amended to read as follows:

251.010 1. The county recorder is ex officio county
auditor in counties in which a county comptroller has not been appointed[.] , unless such an arrangement is altered
pursuant to the mechanism set forth in section 1 of this act.

2. County auditors shall keep an office at the county
seat of their county, which must be kept open in accordance with the provisions
of NRS 245.040.

Sec. 6. NRS
253.010 is hereby amended to read as follows:

253.010 1. Except as otherwise provided in subsection
4[,]or as altered pursuant to the
mechanism set forth in section 1 of this act, public
administrators must be elected by the qualified electors of their respective
counties.

2. Public administrators must be chosen by the
electors of their respective counties at the general election in 1922 and at
the general election every 4 years thereafter, and shall enter upon the duties
of their office on the first Monday of January after their election.

3. The public administrator of a county must:

(a) Be a qualified elector of the county;

(b) Be at least 21 years of age on the date he will
take office;

(c) Not have been convicted of a felony for which his
civil rights have not been restored by a court of competent jurisdiction; and

(d) Not have been found liable in a civil action
involving a finding of fraud, misrepresentation, material omission,
misappropriation, theft or conversion.

4. The district attorneys of Lander, Lincoln and White
Pine Counties are ex officio public administrators of Lander County, Lincoln
County and White Pine County, respectively[.], unless such an arrangement is altered
pursuant to the mechanism set forth in section 1 of this act.

5. The
Clerk of Carson City shall serve as Public Administrator of Carson City.

Sec. 7. NRS
253.150 is hereby amended to read as follows:

253.150 1. The board of county commissioners of each
county shall establish the office of public guardian.

2. The board of county commissioners shall:

(a) Appoint a public guardian, who serves at the
pleasure of the board, for a term of 4 years from the day of appointment;

(b) Designate an elected or appointed county officer as
ex officio public guardian;

(c) Pursuant
to the mechanism set forth in section 1 of this act, designate another county
officer to execute the powers and duties of the public guardian;

(d) Except
in a county whose population is 100,000 or more, contract with a private
professional guardian to act as public guardian; or

[(d)](e) Contract with the board of county
commissioners of a neighboring county in the same judicial district to
designate as public guardian the public guardian of the neighboring county.

3. The compensation of a public guardian appointed or
designated pursuant to subsection 2 must be fixed by the board of county
commissioners and paid out of the county general fund.

4. As used in this section, private professional
guardian means a person who receives compensation for services as a guardian
to three or more wards who are not related to the person by blood or marriage.
The term does not include:

(a) A governmental agency.

(b) A banking corporation, as defined in NRS 657.016,
or an organization permitted to act as fiduciary pursuant to NRS 662.245 if it
is appointed as guardian of an estate only.

(c) A trust company, as defined in NRS 669.070.

(d) A court-appointed attorney licensed to practice law
in this State.

Sec. 8. NRS
253.160 is hereby amended to read as follows:

253.160 1. Upon taking office, a public guardian
shall file with the county clerk a general bond in an amount fixed by the board
of county commissioners payable to the State of Nevada with sureties approved
by the board of county commissioners. The premium for the bond shall be paid
from the general funds of the county and be conditioned upon the public
guardians faithful performance of his duties.

2. The general bond and oath of office of a public
guardian are in lieu of the bonds and oaths required of private guardians.

3. The oath and bond of an elected or appointed public
officer designated [ex officio] public guardian or designated to execute the powers and
duties of the public guardian pursuant to paragraph (b) or (c) of subsection 2 of NRS
253.150 are in lieu of the bonds and oaths required of private guardians. The
court may require [the ex officio public guardian]such a designee to execute
a separate bond for any guardianship in the manner prescribed in NRS 159.065.

Sec. 9. NRS
259.020 is hereby amended to read as follows:

259.020 Except in any county where a coroner is
appointed pursuant to NRS 244.163, all sheriffs in this state are ex officio
coroners[.], unless such an arrangement is
altered pursuant to the mechanism set forth in section 1 of this act.

AN ACT relating to
water; requiring the State Engineer or a person designated by him to conduct an
inventory of a basin before approving an application for an interbasin transfer
of groundwater under certain circumstances; and providing other matters
properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law requires the State Engineer to consider
certain factors when determining if an application for an interbasin transfer
of groundwater must be rejected, including whether there is a justified need to
import the water from another basin, if there is an advisable plan for the
conservation of water in place, whether the proposed action is environmentally
sound and whether the proposed action is an appropriate long-term use which
will not unduly limit the future growth and development in the basin from which
the water is exported. (NRS 533.370) In addition to those requirements, section
4 of this bill requires that, before the State Engineer may approve an
interbasin transfer of groundwater, he must conduct an inventory of the basin
from which the water is to be exported if it is a basin which the State
Engineer has not already inventoried. The inventory must include: (1) the total
amount of surface water and groundwater appropriated in accordance with a
decreed, certified or permitted right; (2) an estimate of the amount and
location of all surface water and groundwater available for appropriation in
the basin; and (3) the names of each owner of record of a decreed, certified or
permitted right in the basin. The applicant for the interbasin transfer of
groundwater must pay a fee to cover the cost of conducting the inventory. Section
4 also requires the State Engineer to complete an inventory within 1 year
after commencing the inventory. Section 5 of this bill expands the
definition of person for purposes of chapter 533 of NRS to include a
political subdivision of this State.

THE PEOPLE OF THE STATE OF
NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
533 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2, 3 and 4 of this act.

Sec. 2. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 533.010 to 533.023, inclusive, and section 3 of
this act have the meanings ascribed to them in those sections.

Sec. 3. Interbasin
transfer of groundwater means a transfer of groundwater for which the proposed
point of diversion is in a different basin than the proposed place of
beneficial use.

Sec. 4. 1.
In addition to the requirements of NRS 533.370, before approving an
application for an interbasin transfer of more than 250 acre-feet of
groundwater from a basin which the State Engineer has not previously
inventoried or for which he has not conducted, or caused to be conducted, a
study pursuant to NRS 532.165 or 533.368, the State Engineer or a person designated by the State Engineer shall
conduct an inventory of the basin from which the water is to be exported.

Engineer or a person
designated by the State Engineer shall conduct an inventory of the basin from
which the water is to be exported. The inventory must include:

(a) The total
amount of surface water and groundwater appropriated in accordance with a
decreed, certified or permitted right;

(b) An estimate
of the amount and location of all surface water and groundwater that is
available for appropriation in the basin; and

(c) The
name of each owner of record set forth in the
records of the Office of the State Engineer for each decreed, certified or
permitted right in the basin.

2. The
provisions of this section do not:

(a) Require the
State Engineer to initiate or complete a determination of the surface water or
groundwater rights pursuant to NRS 533.090 to 533.320, inclusive, or to
otherwise quantify any vested claims of water rights in the basin before
approving an application for an interbasin transfer of groundwater from the
basin; or

(b) Prohibit
the State Engineer from considering information received from or work completed
by another person to include in the inventory, if the inventory is otherwise
conducted in accordance with the provisions of subsection 1.

3. The State
Engineer shall charge the applicant a fee to cover the cost of the inventory.
The amount of the fee must not exceed the cost to the State Engineer of
conducting the inventory.

4. The State Engineer shall complete any inventory
conducted pursuant to subsection 1 within 1 year after commencing the
inventory.

Sec. 5. NRS
533.010 is hereby amended to read as follows:

533.010 [As used in this chapter, person]Person includes
the United States ,[and]
this State[.] and any political subdivision of this
State.

Sec. 6. NRS
533.015 is hereby amended to read as follows:

533.015 [As used in this chapter,]
State Engineer [shall be deemed to mean]means the State Engineer
or any duly authorized assistant.

Sec. 7. NRS
533.020 is hereby amended to read as follows:

533.020 [As used in this chapter, stream]Stream system [shall
be interpreted as including]includes any stream, together with its
tributaries and all streams or bodies of water to which the same may be
tributary.

Sec. 8. NRS
533.023 is hereby amended to read as follows:

533.023 [As used in this chapter, wildlife]Wildlife purposes
includes the watering of wildlife and the establishment and maintenance of
wetlands, fisheries and other wildlife habitats.

Sec. 9. (Deleted
by amendment.)

Sec. 10. NRS
533.369 is hereby amended to read as follows:

533.369 1. All money collected pursuant to subsection
3 of NRS 533.368 or subsection 3 of section 4
of this act must be deposited with the State Treasurer for credit
to a special Account for Studies Concerning Water.

2. The interest and income earned on the money in the
Account for Studies Concerning Water, after deducting any applicable charges,
must be credited to the Account.

3. The money received pursuant to subsection 3 of NRS
533.368 or subsection 3 of section 4
of this act must be used to defray the cost of conducting the
studies required pursuant to subsection 1 of NRS 533.368[.]and the inventories required pursuant to
subsection 1 of section 4
of this act.

act. Any
money paid by an applicant that exceeds the amount required to conduct a study
must be refunded to the applicant.

4. Any balance remaining in the Account does not revert to
the State General Fund at the end of the fiscal year.

Sec. 11. NRS
533.370 is hereby amended to read as follows:

533.370 1. Except as otherwise provided in this
section and NRS 533.345, 533.371, 533.372 and 533.503, the State Engineer shall
approve an application submitted in proper form which contemplates the
application of water to beneficial use if:

(a) The application is accompanied by the prescribed
fees;

(b) The proposed use or change, if within an irrigation
district, does not adversely affect the cost of water for other holders of
water rights in the district or lessen the efficiency of the district in its
delivery or use of water; and

(c) The applicant provides proof satisfactory to the
State Engineer of:

(1) His intention in good faith to construct any
work necessary to apply the water to the intended beneficial use with
reasonable diligence; and

(2) His financial ability and reasonable
expectation actually to construct the work and apply the water to the intended
beneficial use with reasonable diligence.

2. Except as otherwise provided in this subsection and
subsections 3 and 11 and NRS 533.365, the State Engineer shall approve or
reject each application within 1 year after the final date for filing a
protest. The State Engineer may:

(a) Postpone action upon written authorization to do so
by the applicant or, if an application is protested, by the protestant and the
applicant.

(b) Postpone action if the purpose for which the
application was made is municipal use.

(c) In areas where studies of water supplies have been
determined to be necessary by the State Engineer pursuant to NRS 533.368 or
where court actions are pending, withhold action until it is determined there
is unappropriated water or the court action becomes final.

3. Except as otherwise provided in subsection 11, the
State Engineer shall approve or reject, within 6 months after the final date
for filing a protest, an application filed to change the point of diversion of
water already appropriated when the existing and proposed points of diversion
are on the same property for which the water has already been appropriated
under the existing water right or the proposed point of diversion is on real
property that is proven to be owned by the applicant and is contiguous to the
place of use of the existing water right. The State Engineer may:

(a) Postpone action upon written authorization to do so
by the applicant or, if the application is protested, by the protestant and the
applicant.

(b) In areas where studies of water supplies have been
determined to be necessary by the State Engineer pursuant to NRS 533.368 or
where court actions are pending, withhold action until it is determined there
is unappropriated water or the court action becomes final.

4. If the State Engineer does not act upon an
application within 1 year after the final date for filing a protest, the
application remains active until acted upon by the State Engineer.

5. Except as otherwise provided in subsection 11,
where there is no unappropriated water in the proposed source of supply, or
where its proposed use or change conflicts with existing rights or with
protectible interests in existing domestic wells as set
forth in NRS 533.024, or threatens to prove detrimental to the public interest,
the State Engineer shall reject the application and refuse to issue the
requested permit.

existing domestic wells as set forth in NRS 533.024, or
threatens to prove detrimental to the public interest, the State Engineer shall
reject the application and refuse to issue the requested permit. If a previous
application for a similar use of water within the same basin has been rejected
on those grounds, the new application may be denied without publication.

6. In determining whether an application for an
interbasin transfer of groundwater must be rejected pursuant to this section,
the State Engineer shall consider:

(a) Whether the applicant has justified the need to
import the water from another basin;

(b) If the State Engineer determines that a plan for
conservation of water is advisable for the basin into which the water is to be
imported, whether the applicant has demonstrated that such a plan has been
adopted and is being effectively carried out;

(c) Whether the proposed action is environmentally
sound as it relates to the basin from which the water is exported;

(d) Whether the proposed action is an appropriate
long-term use which will not unduly limit the future growth and development in
the basin from which the water is exported; and

(e) Any other factor the State Engineer determines to
be relevant.

7. If a hearing is held regarding an application, the
decision of the State Engineer must be in writing and include findings of fact,
conclusions of law and a statement of the underlying facts supporting the
findings of fact. The written decision may take the form of a transcription of
an oral ruling. The rejection or approval of an application must be endorsed on
a copy of the original application, and a record must be made of the
endorsement in the records of the State Engineer. The copy of the application
so endorsed must be returned to the applicant. Except as otherwise provided in
subsection 12, if the application is approved, the applicant may, on receipt thereof,
proceed with the construction of the necessary works and take all steps
required to apply the water to beneficial use and to perfect the proposed
appropriation. If the application is rejected, the applicant may take no steps
toward the prosecution of the proposed work or the diversion and use of the
public water while the rejection continues in force.

8. If:

(a) The State Engineer receives an application to
appropriate any of the public waters, or to change the point of diversion,
manner of use or place of use of water already appropriated;

(b) The application involves an amount of water
exceeding 250 acre-feet per annum;

(c) The application involves an interbasin transfer of
groundwater; and

(d) Within 7 years after the date of last publication of
the notice of application, the State Engineer has not granted the application,
denied the application, held an administrative hearing on the application or
issued a permit in response to the application,

Κ the State
Engineer shall notice a new period of 45 days in which a person who is a
successor in interest to a protestant or an affected water right owner may file
with the State Engineer a written protest against the granting of the
application. Such notification must be entered on the Internet website of the
State Engineer and must, concurrently with that notification, be mailed to the
board of county commissioners of the county of origin.

9. Except as otherwise provided in subsection 10, a
person who is a successor in interest to a protestant or an affected water
right owner who wishes to protest an application in accordance with a new
period of protest noticed pursuant to subsection 8 shall, within 45 days after
the date on which the notification was entered and mailed, file with the State
Engineer a written protest that complies with the provisions of this chapter
and with the regulations adopted by the State Engineer, including, without
limitation, any regulations prescribing the use of particular forms or
requiring the payment of certain fees.

10. If a person is the successor in interest of an
owner of a water right or an owner of real property upon which a domestic well
is located and if the former owner of the water right or real property on which
a domestic well is located had previously filed a written protest against the
granting of an application, the successor in interest must be allowed to pursue
that protest in the same manner as if he were the former owner whose interest
he succeeded. If the successor in interest wishes to pursue the protest, the
successor in interest must notify the State Engineer on a form provided by the
State Engineer.

11. The provisions of subsections 1 to 6, inclusive,
do not apply to an application for an environmental permit.

12. The
provisions of subsection 7 do not authorize the recipient of an approved
application to use any state land administered by the Division of State Lands
of the State Department of Conservation and Natural Resources without the
appropriate authorization for that use from the State Land Registrar.

13. As used in this
section:

(a) County of origin means the county from which
groundwater is transferred or proposed to be transferred.

(b) Domestic well has the meaning ascribed to it in
NRS 534.350.

[(c) Interbasin transfer of groundwater means a transfer of
groundwater for which the proposed point of diversion is in a different basin
than the proposed place of beneficial use.]

Sec. 12. The amendatory provisions of this act do
not apply to an application for an interbasin transfer of groundwater for which
a notice of hearing is issued before July 1, 2009.

AN ACT relating to
education; authorizing the Superintendent of Public Instruction to issue an
additional license to teach elementary education, middle school or junior high
school education or secondary education to certain licensed teachers; revising
provisions governing the reciprocal licensure of teachers and other educational
personnel; requiring the Commission on Professional Standards in Education to
conduct a review of the regulations of the Commission governing the licensure
and endorsement of special education teachers; and providing other matters
properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law authorizes the Superintendent of Public
Instruction to issue a license to teach elementary education, middle school or
junior high school education or secondary education to an applicant pursuant to
regulations adopted by the Commission on Professional Standards in Education.
(NRS 391.031, 391.033) Existing regulations of the Commission require a teacher
licensed in this State to apply for and meet the requirements for an initial
license to teach elementary education, middle school or junior high school
education or secondary education, including participation in a program of
student teaching or supervised teaching in the designated grade level, if he is
applying for a license outside the grade level he is licensed to teach. (NAC
391.025, 391.095, 391.111, 391.120) Section 1 of this bill authorizes
the Superintendent to issue to a licensed teacher an additional license to
teach elementary education, middle school or junior high school education or
secondary education, other than for the teaching pupils with disabilities,
which is outside his grade level of experience if he meets the course work
requirements and qualifications for the license. A licensed teacher must not be
required to participate in a program of student teaching or supervised teaching
as a condition for the issuance of the additional license if he has 3 years of
verified teaching experience.

Existing law authorizes the Commission to adopt
regulations that exempt an applicant from the examinations required for initial
licensure of teachers and other educational personnel if the applicant has
previous teaching experience or has performed other educational functions in
another state. (NRS 391.021, 391.032) Sections 4 and 5 of this bill
remove the requirement that an applicant have previous experience and
authorizes the exemption if the Commission determines that the examinations
required for initial licensure in the other state are comparable to the
examinations required for initial licensure in this State.

Section 6 of this bill requires the Commission to
conduct a review of the regulations of the Commission governing the licensure
and endorsement of special education teachers to improve and enhance the
reciprocal licensure in this State of special education teachers from other
states.

Section 1. Chapter
391 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A person
licensed to teach elementary education, middle school or junior high school
education or secondary education in this State may apply for and the
Superintendent of Public Instruction may issue to that person an additional
license to teach elementary education, middle school or junior high school
education or secondary education, other than for the teaching pupils with
disabilities, which is outside his grade level of experience if he meets the
course work requirements and qualifications for the license.

2. A licensed
teacher who applies for an additional license pursuant to this section must not
be required to participate in a program of student teaching as a condition for
the issuance of the additional licenseif he has 3 years of verified teaching experience.

(1) Prescribing the qualifications for licensing
teachers and other educational personnel, including, without limitation, the
qualifications for a license to teach middle school or junior high school
education, and the procedures for the issuance and renewal of those licenses. The regulations must not prescribe
qualifications which are more stringent than the qualifications set forth in
section 1 of this act for a licensed teacher who applies for an additional
license in accordance with that section.

(2) Identifying fields of specialization in
teaching which require the specialized training of teachers.

(3) Except as otherwise provided in NRS 391.125,
requiring teachers to obtain from the Department an endorsement in a field of
specialization to be eligible to teach in that field of specialization.

(4) Setting forth the educational requirements a
teacher must satisfy to qualify for an endorsement in each field of
specialization.

(5) Setting forth the qualifications and
requirements for obtaining a license or endorsement to teach American Sign
Language, including, without limitation, being registered with the Office of
Disability Services of the Department of Health and Human Services pursuant to
NRS 656A.100 to engage in the practice of interpreting in an educational
setting.

(6) Requiring teachers and other educational
personnel to be registered with the Office of Disability Services pursuant to
NRS 656A.100 to engage in the practice of interpreting in an educational
setting if they:

(I) Provide instruction or other
educational services; and

(II) Concurrently engage in the practice of
interpreting, as defined in NRS 656A.060.

(7) Providing for the issuance and renewal of a
special qualifications license to an applicant who holds a masters degree or a
doctoral degree from an accredited degree-granting postsecondary educational
institution in a field for which the applicant will provide instruction in a
classroom and who has:

(I) At least 2 years of experience teaching
at an accredited degree-granting postsecondary educational institution in a
field for which the applicant will provide instruction in a classroom and at
least 3 years of experience working in that field; or

(II) At least 5 years of experience working
in a field for which the applicant will provide instruction in a classroom.

(8) Requiring an applicant for a special
qualifications license to:

(I) Pass each examination required by NRS
391.021 for the specific subject or subjects in which the applicant will
provide instruction; or

(II) Hold a valid license issued by a
professional licensing board of any state that is directly related to the
subject area of the masters degree or doctoral degree held by the applicant.

(9) Setting forth the subject areas that may be
taught by a person who holds a special qualifications license, based upon the
subject area of the masters degree or doctoral degree held by that person.

(10) Providing for the issuance and renewal of a
special qualifications license to an applicant who:

(I) Holds a graduate degree from an
accredited college or university in the field for which he will be providing instruction;

(II) Is not licensed to teach public school
in another state;

(III) Has at least 5 years of experience
teaching with satisfactory evaluations at a school that is accredited by a
national or regional accrediting agency recognized by the United States
Department of Education; and

(IV) Submits proof of participation in a
program of student teaching or mentoring or agrees to participate in a program
of mentoring for the first year of his employment as a teacher with a school
district or charter school.

Κ An applicant
for licensure pursuant to this subparagraph is exempt from each examination
required by NRS 391.021 if the applicant successfully passed the examination in
another state.

(11) If the Commission approves the Passport to
Teaching certification from the American Board for Certification of Teacher
Excellence as an alternative route to licensure, providing for the issuance and
renewal of a special qualifications license to an applicant who:

(I) Holds a Passport to Teaching certification
from the American Board for Certification of Teacher Excellence;

(II) Passes each examination required by
NRS 391.021 for the specific subject or subjects in which the applicant will
provide instruction; and

(III) Agrees to participate in a program of
mentoring prescribed by the Commission for the first year of his employment as
a teacher with a school district or charter school.

(b) May adopt such other regulations as it deems
necessary for its own government or to carry out its duties.

2. Any regulation which increases the amount of
education, training or experience required for licensing:

(a) Must, in addition to the requirements for
publication in chapter 233B of NRS, be publicized before its adoption in a
manner reasonably calculated to inform those persons affected by the change.

(b) Must not become effective until at least 1 year
after the date it is adopted by the Commission.

(c) Is not applicable to a license in effect on the
date the regulation becomes effective.

3. A person who is licensed pursuant to subparagraph
(7), (10) or (11) of paragraph (a) of subsection 1:

(a) Shall comply with all applicable statutes and
regulations.

(b) Except as otherwise provided by specific statute,
is entitled to all benefits, rights and privileges conferred by statutes and
regulations on licensed teachers.

(c) Except as otherwise provided by specific statute,
if he is employed as a teacher by the board of trustees of a school district or
the governing body of a charter school, is entitled to all benefits, rights and
privileges conferred by statutes and regulations on the licensed employees of a
school district or charter school, as applicable.

(1) Prescribing the qualifications for licensing teachers
and other educational personnel, including, without limitation, the
qualifications for a license to teach middle school or junior high school
education, and the procedures for the issuance and renewal of those licenses. The regulations must not prescribe
qualifications which are more stringent than the qualifications set forth in
section 1 of this act for a licensed teacher who applies for an additional
license in accordance with that section.

(2) Identifying fields of specialization in
teaching which require the specialized training of teachers.

(3) Except as otherwise provided in NRS 391.125,
requiring teachers to obtain from the Department an endorsement in a field of
specialization to be eligible to teach in that field of specialization.

(4) Setting forth the educational requirements a
teacher must satisfy to qualify for an endorsement in each field of
specialization.

(5) Setting forth the qualifications and
requirements for obtaining a license or endorsement to teach American Sign
Language, including, without limitation, being registered with the Office of
Disability Services of the Department of Health and Human Services pursuant to
NRS 656A.100 to engage in the practice of interpreting in an educational
setting.

(6) Requiring teachers and other educational
personnel to be registered with the Office of Disability Services pursuant to
NRS 656A.100 to engage in the practice of interpreting in an educational
setting if they:

(I) Provide instruction or other
educational services; and

(II) Concurrently engage in the practice of
interpreting, as defined in NRS 656A.060.

(7) Providing for the issuance and renewal of a
special qualifications license to an applicant who holds a masters degree or a
doctoral degree from an accredited degree-granting postsecondary educational
institution in a field for which the applicant will provide instruction in a
classroom and who has:

(I) At least 2 years of experience teaching
at an accredited degree-granting postsecondary educational institution in a
field for which the applicant will provide instruction in a classroom and at
least 3 years of experience working in that field; or

(II) At least 5 years of experience working
in a field for which the applicant will provide instruction in a classroom.

(I) Pass each examination required by NRS
391.021 for the specific subject or subjects in which the applicant will
provide instruction; or

(II) Hold a valid license issued by a
professional licensing board of any state that is directly related to the
subject area of the masters degree or doctoral degree held by the applicant.

(9) Setting forth the subject areas that may be
taught by a person who holds a special qualifications license, based upon the
subject area of the masters degree or doctoral degree held by that person.

(10) Providing for the issuance and renewal of a
special qualifications license to an applicant who:

(I) Holds a graduate degree from an
accredited college or university in the field for which he will be providing
instruction;

(II) Is not licensed to teach public school
in another state;

(III) Has at least 5 years of experience
teaching with satisfactory evaluations at a school that is accredited by a
national or regional accrediting agency recognized by the United States
Department of Education; and

(IV) Submits proof of participation in a
program of student teaching or mentoring or agrees to participate in a program
of mentoring for the first year of his employment as a teacher with a school
district or charter school.

Κ An applicant
for licensure pursuant to this subparagraph is exempt from each examination
required by NRS 391.021 if the applicant successfully passed the examination in
another state.

(b) May adopt such other regulations as it deems
necessary for its own government or to carry out its duties.

2. Any regulation which increases the amount of
education, training or experience required for licensing:

(a) Must, in addition to the requirements for
publication in chapter 233B of NRS, be publicized before its adoption in a
manner reasonably calculated to inform those persons affected by the change.

(b) Must not become effective until at least 1 year
after the date it is adopted by the Commission.

(c) Is not applicable to a license in effect on the
date the regulation becomes effective.

3. A person who is licensed pursuant to subparagraph
(7) or (10) of paragraph (a) of subsection 1:

(a) Shall comply with all applicable statutes and
regulations.

(b) Except as otherwise provided by specific statute,
is entitled to all benefits, rights and privileges conferred by statutes and
regulations on licensed teachers.

(c) Except as otherwise provided by specific statute,
if he is employed as a teacher by the board of trustees of a school district or
the governing body of a charter school, is entitled to all benefits, rights and
privileges conferred by statutes and regulations on the licensed employees of a
school district or charter school, as applicable.

Sec. 4. NRS
391.021 is hereby amended to read as follows:

391.021 Except as otherwise provided in subparagraph
(10) of paragraph (a) of subsection 1 of NRS 391.019 and NRS 391.027, the
Commission shall adopt regulations governing examinations for the initial
licensing of teachers and other educational personnel. The examinations must test the ability of the applicant to teach and his
knowledge of each specific subject he proposes to teach.

must test the ability of the applicant to teach and his
knowledge of each specific subject he proposes to teach. Each examination must
include the following subjects:

1. The laws of Nevada relating to schools;

2. The Constitution of the State of Nevada; and

3. The Constitution of the United States.

Κ The
provisions of this section do not prohibit the Commission from adopting
regulations pursuant to subsection 2 of NRS 391.032 that provide an exemption
from the examinations for teachers and other educational personnel [who
have previous experience in teaching or performing other educational functions
in]from another
state[.] if the Commission determines that the
examinations required for initial licensure for teachers and other educational
personnel in that state are comparable to the examinations required for initial
licensure in this State.

(a) Consider and may adopt regulations which provide
for the issuance of conditional licenses to teachers and other educational
personnel before completion of all courses of study or other requirements for a
license in this State.

(b) Adopt regulations which provide for the reciprocal
licensure of educational personnel from other states.

2. The regulations adopted pursuant to paragraph (b)
of subsection 1 may provide an exemption from the examinations required for
initial licensure for teachers and other educational personnel [who
have previous experience in teaching or performing other educational functions
in]from another
state[.
If the Commission adopts regulations providing such an exemption, the
Commission shall identify the examinations to which the exemption applies.] if the Commission determines that the
examinations required for initial licensure for teachers and other educational
personnel in that state are comparable to the examinations required for initial
licensure in this State.

3. A person who is issued a conditional license must complete
all courses of study and other requirements for a license in this State which
is not conditional within 3 years after the date on which a conditional license
is issued.

Sec. 6. 1. The Commission on Professional Standards
in Education shall conduct a review of the regulations of the Commission
governing the licensure and endorsement of special education teachers to
improve and enhance the reciprocal licensure in this State of special education
teachers from other states. The review must include an analysis of:

(a) The possible consolidation of the categorical special
education endorsements into broader, noncategorical endorsements; and

(b) The possible issuance of a waiver of the requirement of
specific course work for the categorical endorsements for teaching pupils with
disabilities required by regulation of the Commission if a teacher has 3 years
of verified teaching experience in a classroom providing instruction to pupils
with the area of disability in which he seeks the categorical endorsement.

2. On or before January 1, 2010, the Commission shall
submit to the Legislative Committee on Education a report of:

(b) Any regulations relating to the endorsements proposed by
the Commission as a result of its review or, if the Commission is not proposing
any regulations, a detailed explanation of why it is not.

3. On or before July 1, 2010, the Commission shall submit
to the Legislative Committee on Education:

(a) A report of the regulations adopted by the Commission as
a result of its review or, if no regulations are adopted, a detailed
explanation of why the Commission did not adopt regulations; and

(b) Any recommendations for legislation relating to the
licensure and endorsement of special education teachers.

Sec. 7. 1. This section and sections 1, 2, 4, 5 and
6 of this act become effective upon passage and approval.

2. Section 3 of this act becomes effective on July 1, 2011.

________

CHAPTER 167, AB 508

Assembly Bill No. 508Committee on Ways and Means

CHAPTER 167

AN ACT relating to
housing; prohibiting the Housing Division of the Department of Business and
Industry from adopting regulations that restrict or defer more than a certain
percentage of the payment of profit and overhead to developers of certain
projects under certain circumstances; and providing other matters properly
relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Existing law prohibits the Housing Division of the
Department of Business and Industry from financing any low-income residential
housing unless the Administrator of the Division makes certain findings. (NRS
319.260) Section 1 of this bill provides that if the Division adopts
regulations establishing a program for the financing of the lease, purchase or
development of low-income multifamily housing, the regulations may establish the
maximum amount of pro forma profit and overhead for a developer of a project,
but the regulations must not restrict or require the deferral of more than 60
percent of the payment of profits and overhead to a developer of a project that
is: (1) constructed, developed, financed or insured in whole or in part through
any program established by the United States Department of Housing and Urban
Development; and (2) secured by a performance bond. Section 2 of this
bill deletes a provision which requires that any remaining balance of a certain
appropriation from the State General Fund to the Housing Division must be
reverted to the State General Fund on or before September 18, 2009.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
319 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. If the
Division adopts regulations which establish a program for the financing of
projects, the regulations must not include any provision which restricts or requires the deferral of more than 60
percent of the payment of profits and overhead to a developer of a project that
is:

which restricts or
requires the deferral of more than 60 percent of the payment of profits and
overhead to a developer of a project that is:

(a) Constructed,
developed, financed or insured in whole or in part through any program
established by the United States Department of Housing and Urban Development;
and

(b) Secured by
a performance bond,

Κ except
that such regulations may establish the maximum amount of pro forma profit and
overhead for a developer of a project as a percentage of the appraised value of
the project.

2. As used in
this section, project means a housing facility for residential use which
consists of two or more dwelling units for occupancy by eligible tenants on a
rental basis. The term includes property which is to be leased, purchased or
developed for sites for multifamily housing and upon which the Division takes a
security interest and records a regulatory agreement, whether the Division
issues bonds, a mortgage loan or a letter of credit for the lease, purchase or
development of the multifamily housing.

Sec. 3. 1. There is hereby
appropriated from the State General Fund to the Housing Division of the
Department of Business and Industry the sum of $1,000,000 to provide grants to
encourage the creation of employer-assisted housing programs.

2. The Housing Division shall
adopt regulations to govern the provision of grants pursuant to subsection 1,
which must include, without limitation, criteria for determining eligibility
for such programs.

3. [Any remaining balance of the appropriation made by subsection
1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the
appropriation is granted or otherwise transferred in any manner, and any
portion of the appropriated money remaining must not be spent for any purpose
after September 18, 2009, by either the entity to which the money was
appropriated or the entity to which the money was subsequently granted or
transferred, and must be reverted to the State General Fund on or before September 18, 2009.

4.] As used in this section,
employer-assisted housing program means a program
for the provision of down-payment assistance, closing-cost assistance,
reduced-interest mortgages, mortgage guarantees, rental subsidies or individual
development account savings plans, or any combination thereof, to assist
employees in securing affordable housing in this State.

Sec. 3. 1. This section and section 2 of this act
become effective upon passage and approval.

2. Section 1 of this act becomes effective on October 1,
2009.

________

κ2009
Statutes of Nevada, Page 608κ

CHAPTER 168, AB 510

Assembly Bill No. 510Committee on Commerce and Labor

CHAPTER 168

AN ACT relating to
the Public Utilities Commission of Nevada; requiring that the entire Commission
must act in certain matters; requiring that the Commission appoint an Executive
Director; revising the dates by which certain applications must be filed;
indicating that certain provisions of law do not prohibit the Commission from
taking certain action; and providing other matters properly relating thereto.

[Approved: May 22, 2009]

Legislative Counsels Digest:

Section 2 of this bill requires that certain
matters be decided by the entire Public Utilities Commission of Nevada and
allows the Commission to designate hearing officers as acting commissioners in
certain circumstances.

Section 3 of this bill requires the Commission to
appoint an Executive Director and specifies the qualifications and duties of
the Executive Director. Section 1 of this bill revises provisions to be consistent
with this new requirement.

Section 4 of this bill revises the dates by which
electric utilities must file general rate applications.

Section 5 of this bill provides that the
provisions of chapter 704 of NRS do not prohibit the Commission from allowing
an electric utility to provide reduced rates to low-income customers.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 703.070 is hereby amended to read as
follows:

703.070 The Governor shall designate one of the
Commissioners to be Chairman, whose term as Chairman shall be at the pleasure
of the Governor. [The Chairman shall serve as the Executive Officer of the
Commission.]

Sec. 2. NRS
703.085 is hereby amended to read as follows:

703.085 1. All commissioners are required for the Commission to act in
any matter involving:

(a) A
general rate application or an annual deferred energy accounting adjustment
application of an electric utility or a public utility which purchases natural
gas for resale; and

(b) A plan
of an electric utility to increase its supply of electricity or decrease the
demands made on its system pursuant to NRS 704.741.

2. [A]Except as otherwise provided in
subsection 1, a majority of the commissioners has full power to
act in all matters within the jurisdiction of the Commission.

[2.]3. Before the Commission may enter a final
order on a matter, there must be at least [two]the required number of commissioners
who are able to act on the matter. If there are fewer than [two]the required number of commissioners
who are able to act on the matter because of disqualifications, illnesses,
incapacities, vacancies that have not yet been filled, or any other reason, the
Governor shall appoint the requisite number of persons to serve as acting
commissioners in the place of the commissioners who are unable to act on the
matter so that there are at least [two]the required number of persons
who are able to act on the matter, whether serving as a
commissioner or an acting commissioner.

whether serving as a commissioner or an acting commissioner.
If there are fewer than [two]the required number of commissioners who are
able to act on the matter because of disqualifications, illnesses,
incapacities, vacancies that have not yet been filled, or any other reason, and
the Governor has not appointed the requisite number of persons to serve as
acting commissioners pursuant to this subsection, the [Deputy Commissioner]Commission may designate a hearing
officer appointed pursuant to subsection [1]6 of NRS 703.130 [may]to serve as an
acting commissioner.

[3.]4. Before the Governor may appoint a person
to serve as an acting commissioner in the place of a commissioner who is unable
to act on the matter, the person must be qualified to serve in the office of
that commissioner as if the Governor were appointing the person to fill a
vacancy in that office.

[4.]5. A person who is appointed or authorized to
serve as an acting commissioner shall be deemed to be a commissioner and is
entitled to exercise the powers of a commissioner only in proceedings before
the Commission that involve the matter or matters for which the person is
appointed or authorized to serve as an acting commissioner.

[5.]6. A person who is appointed to serve as an
acting commissioner:

(a) Is subject to all legal requirements and
restrictions and enjoys all legal protections and immunities that apply to a
commissioner and to state officers generally while the person is engaged in the
business of the Commission as an acting commissioner; and

(b) Is entitled to receive, for each day the person is
engaged in the business of the Commission as an acting commissioner, a salary
of $80 and the per diem allowance and travel expenses provided for state
officers and employees generally. The person is not entitled to receive any
other compensation for serving as an acting commissioner.

[6.]7. A person who is appointed to serve as an
acting commissioner serves at the pleasure of the Governor. The appointment of
the person expires:

(a) On the date that the Governor declares that the
appointment has expired; or

(b) On the date that the matter or matters for which
the person was appointed are no longer pending before the Commission,

Κ whichever
date occurs earlier.

[7.]8. The Governor may reappoint a person to
serve as an acting commissioner.

Sec. 3. NRS
703.130 is hereby amended to read as follows:

703.130 1. The Commission shall appoint [a
Deputy Commissioner]an Executive Director, who [shall
serve in the unclassified service of the State.] must be:

(a) Knowledgeable
and experienced in public administration and fiscal management;

(b) Knowledgeable
in the areas of utility regulation by the Commission; and

(c) Independent
of and have no pecuniary interest in any entity regulated by the Commission.

2. The
Executive Director shall:

(a) Serve
as Chief Financial Officer for the Commission;

(b) Direct
the daily operation of the Commission, including, without limitation:

(c) Develop
and implement policies and procedures to ensure the efficient operation of the
Commission;

(d) Oversee:

(1) The
review of applications for certificates, permits and modifications of tariffs;

(2) The
maintenance of a hearing calendar of all matters pending before the Commission;
and

(3) Compliance
with and enforcement of statutes and regulations pertaining to utilities which
are regulated by the Commission; and

(e) Authenticate
documents and serve as custodian of all agency records.

3. The
Executive Director is in the unclassified service of the State.

4. The
Executive Director, with the
approval of the Commission , shall [appoint]designate a
Secretary who shall perform such administrative and other duties as are
prescribed by the [Commission.]Executive Director. The Executive Director, with the approval of the Commission , shall also [appoint]designate an
Assistant Secretary.

[3.]5. The [Commission]Executive Director may
employ such other clerks, experts or engineers as may be necessary.

[4.]6. Except as otherwise provided in subsection
[5,]7, the Commission:

(a) May appoint one or more hearing officers for a
period specified by the Commission to conduct proceedings or hearings that may
be conducted by the Commission pursuant to NRS 702.160 and 702.170 and chapters
704, 704A, 704B, 705, 708 and 711 of NRS.

(b) Shall prescribe by regulation the procedure for
appealing a decision of a hearing officer to the Commission.

[5.]7. The Commission shall not appoint a hearing
officer to conduct proceedings or hearings:

(a) In any matter pending before the Commission
pursuant to NRS 704.7561 to 704.7595, inclusive; or

(b) In any matter pending before the Commission
pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has
filed a general rate application or an annual deferred energy accounting
adjustment application.

[6.]8. As used in this section, electric
utility has the meaning ascribed to it in NRS 704.187.

Sec. 4. NRS
704.110 is hereby amended to read as follows:

704.110 Except as otherwise provided in NRS 704.075
and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the
Commission pursuant to NRS 704.095 or 704.097:

1. If a public utility files with the Commission an
application to make changes in any schedule, including, without limitation,
changes that will result in a discontinuance, modification or restriction of
service, the Commission shall investigate the propriety of the proposed changes
to determine whether to approve or disapprove the proposed changes. If an
electric utility files such an application and the application is a general
rate application or an annual deferred energy accounting
adjustment application, the Consumers Advocate shall be deemed a party of
record.

application or an annual deferred energy accounting
adjustment application, the Consumers Advocate shall be deemed a party of
record.

2. Except as otherwise provided in subsection 3, if a
public utility files with the Commission an application to make changes in any
schedule, the Commission shall, not later than 210 days after the date on which
the application is filed, issue a written order approving or disapproving, in
whole or in part, the proposed changes.

3. If a public utility files with the Commission a
general rate application, the public utility shall submit with its application
a statement showing the recorded results of revenues, expenses, investments and
costs of capital for its most recent 12 months for which data were available
when the application was prepared. Except as otherwise provided in subsection
4, in determining whether to approve or disapprove any increased rates, the
Commission shall consider evidence in support of the increased rates based upon
actual recorded results of operations for the same 12 months, adjusted for
increased revenues, any increased investment in facilities, increased expenses
for depreciation, certain other operating expenses as approved by the Commission
and changes in the costs of securities which are known and are measurable with
reasonable accuracy at the time of filing and which will become effective
within 6 months after the last month of those 12 months, but the public utility
shall not place into effect any increased rates until the changes have been
experienced and certified by the public utility to the Commission and the
Commission has approved the increased rates. The Commission shall also consider
evidence supporting expenses for depreciation, calculated on an annual basis,
applicable to major components of the public utilitys plant placed into
service during the recorded test period or the period for certification as set
forth in the application. Adjustments to revenues, operating expenses and costs
of securities must be calculated on an annual basis. Within 90 days after the
date on which the certification required by this subsection is filed with the
Commission, or within the period set forth in subsection 2, whichever time is
longer, the Commission shall make such order in reference to the increased
rates as is required by this chapter. The following public utilities shall each
file a general rate application pursuant to this subsection based on the
following schedule:

(a) An electric utility that primarily serves less
densely populated counties shall file a general rate application not later than
5 p.m. on or before the first Monday in [December 2007,]June 2010, and at
least once every 36 months thereafter.

(b) An electric utility that primarily serves densely
populated counties shall file a general rate application not later than 5 p.m.
on or before the first Monday in [December 2008,]June 2011, and at least
once every 36 months thereafter.

(c) A public utility that furnishes water for
municipal, industrial or domestic purposes or services for the disposal of
sewage, or both, which had an annual gross operating revenue of $500,000 or
more for at least 1 year during the immediately preceding 3 years and which had
not filed a general rate application with the Commission on or after July 1,
2005, shall file a general rate application on or before June 30, 2008, and at
least once every 36 months thereafter unless waived by the Commission pursuant
to standards adopted by regulation of the Commission.

(d) A public utility that furnishes water for
municipal, industrial or domestic purposes or services for the disposal of
sewage, or both, which had an annual gross operating revenue of $500,000 or
more for at least 1 year during the immediately preceding 3 years and which had
filed a general rate application with the Commission on or after July 1, 2005, shall
file a general rate application on or before June 30, 2009, and at least once
every 36 months thereafter unless waived by the Commission pursuant to
standards adopted by regulation of the Commission.

Κ The
Commission shall adopt regulations setting forth standards for waivers pursuant
to paragraphs (c) and (d) and for including the costs incurred by the public
utility in preparing and presenting the general rate application before the
effective date of any change in rates.

4. In addition to submitting the statement required
pursuant to subsection 3, a public utility may submit with its general rate
application a statement showing the effects, on an annualized basis, of all
expected changes in circumstances. If such a statement is filed, it must include
all increases and decreases in revenue and expenses which may occur within 210
days after the date on which its general rate application is filed with the
Commission if such expected changes in circumstances are reasonably known and
are measurable with reasonable accuracy. If a public utility submits such a
statement, the public utility has the burden of proving that the expected
changes in circumstances set forth in the statement are reasonably known and
are measurable with reasonable accuracy. The Commission shall consider expected
changes in circumstances to be reasonably known and measurable with reasonable
accuracy if the expected changes in circumstances consist of specific and
identifiable events or programs rather than general trends, patterns or developments,
have an objectively high probability of occurring to the degree, in the amount
and at the time expected, are primarily measurable by recorded or verifiable
revenues and expenses and are easily and objectively calculated, with the
calculation of the expected changes relying only secondarily on estimates,
forecasts, projections or budgets. If the Commission determines that the public
utility has met its burden of proof:

(a) The Commission shall consider the statement
submitted pursuant to this subsection and evidence relevant to the statement,
including all reasonable projected or forecasted offsets in revenue and
expenses that are directly attributable to or associated with the expected
changes in circumstances under consideration, in addition to the statement
required pursuant to subsection 3 as evidence in establishing just and
reasonable rates for the public utility; and

(b) The public utility is not required to file with the
Commission the certification that would otherwise be required pursuant to
subsection 3.

5. If a public utility files with the Commission an
application to make changes in any schedule and the Commission does not issue a
final written order regarding the proposed changes within the time required by
this section, the proposed changes shall be deemed to be approved by the
Commission.

6. If a public utility files with the Commission a
general rate application, the public utility shall not file with the Commission
another general rate application until all pending general rate applications
filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a
substantial financial emergency would exist if the public utility is not
permitted to file another general rate application sooner.

application and hearing, the Commission determines that a
substantial financial emergency would exist if the public utility is not
permitted to file another general rate application sooner. The provisions of
this subsection do not prohibit the public utility from filing with the
Commission, while a general rate application is pending, an application to
recover the increased cost of purchased fuel, purchased power, or natural gas
purchased for resale pursuant to subsection 7, a quarterly rate adjustment
pursuant to subsection 8 or 9, any information relating to deferred accounting
requirements pursuant to NRS 704.185 or an annual deferred energy accounting
adjustment application pursuant to NRS 704.187, if the public utility is
otherwise authorized to so file by those provisions.

7. A public utility may file an application to recover
the increased cost of purchased fuel, purchased power, or natural gas purchased
for resale once every 30 days. The provisions of this subsection do not apply
to:

(a) An electric utility which is required to adjust its
rates on a quarterly basis pursuant to subsection 9; or

(b) A public utility which purchases natural gas for
resale and which adjusts its rates on a quarterly basis between annual rate
adjustment applications pursuant to subsection 8.

8. A public utility which purchases natural gas for
resale must request approval from the Commission to adjust its rates on a
quarterly basis between annual rate adjustment applications based on changes in
the public utilitys recorded costs of natural gas purchased for resale. If the
Commission approves such a request:

(a) The public utility shall file written notice with
the Commission before the public utility makes a quarterly rate adjustment
between annual rate adjustment applications. A quarterly rate adjustment is not
subject to the requirements for notice and a hearing pursuant to NRS 703.320 or
the requirements for a consumer session pursuant to subsection 1 of NRS
704.069.

(b) The public utility shall provide written notice of
each quarterly rate adjustment to its customers by including the written notice
with a customers regular monthly bill. The public utility shall begin
providing such written notice to its customers not later than 30 days after the
date on which the public utility files its written notice with the Commission
pursuant to paragraph (a). The written notice that is included with a
customers regular monthly bill:

(1) Must be printed separately on
fluorescent-colored paper and must not be attached to the pages of the bill;
and

(2) Must include the following:

(I) The total amount of the increase or
decrease in the public utilitys revenues from the rate adjustment, stated in
dollars and as a percentage;

(II) The amount of the monthly increase or
decrease in charges for each class of customer or class of service, stated in
dollars and as a percentage;

(III) A statement that customers may send
written comments or protests regarding the rate adjustment to the Commission;
and

(c) The public utility shall file an annual rate
adjustment application with the Commission. The annual rate adjustment
application is subject to the requirements for notice and a hearing pursuant to
NRS 703.320 and the requirements for a consumer session pursuant to subsection
1 of NRS 704.069.

(d) The proceeding regarding the annual rate adjustment
application must include a review of each quarterly rate adjustment and a
review of the transactions and recorded costs of natural gas included in each
quarterly rate adjustment and the annual rate adjustment application. There is
no presumption of reasonableness or prudence for any quarterly rate adjustment
or for any transactions or recorded costs of natural gas included in any
quarterly rate adjustment or the annual rate adjustment application, and the
public utility has the burden of proving reasonableness and prudence in the
proceeding.

(e) The Commission shall not allow the public utility
to recover any recorded costs of natural gas which were the result of any
practice or transaction that was unreasonable or was undertaken, managed or
performed imprudently by the public utility, and the Commission shall order the
public utility to adjust its rates if the Commission determines that any
recorded costs of natural gas included in any quarterly rate adjustment or the
annual rate adjustment application were not reasonable or prudent.

9. An electric utility shall adjust its rates on a
quarterly basis based on changes in the public utilitys recorded costs of
purchased fuel or purchased power in the following manner:

(a) An electric utility shall file written notice with
the Commission on or before August 15, 2007, and every quarter thereafter of
the quarterly rate adjustment to be made by the electric utility for the
following quarter. The first quarterly rate adjustment by the electric utility
will take effect on October 1, 2007, and each subsequent quarterly rate
adjustment will take effect every quarter thereafter. A quarterly rate
adjustment is not subject to the requirements for notice and a hearing pursuant
to NRS 703.320 or the requirements for a consumer session pursuant to
subsection 1 of NRS 704.069.

(b) Each electric utility shall provide written notice
of each quarterly rate adjustment to its customers by including the written
notice with a customers regular monthly bill. The electric utility shall begin
providing such written notice to its customers not later than 30 days after the
date on which the electric utility files a written notice with the Commission
pursuant to paragraph (a). The written notice that is included with a
customers regular monthly bill:

(1) Must be printed separately on
fluorescent-colored paper and must not be attached to the pages of the bill;
and

(2) Must include the following:

(I) The total amount of the increase or
decrease in the electric utilitys revenues from the rate adjustment, stated in
dollars and as a percentage;

(II) The amount of the monthly increase or
decrease in charges for each class of customer or class of service, stated in
dollars and as a percentage;

(III) A statement that customers may send
written comments or protests regarding the rate adjustment to the Commission;
and

(c) An electric
utility shall file an annual deferred energy accounting adjustment application
pursuant to NRS 704.187 with the Commission. The annual deferred energy
accounting adjustment application is subject to the requirements for notice and
a hearing pursuant to NRS 703.320 and the requirements for a consumer session
pursuant to subsection 1 of NRS 704.069.

(d) The proceeding regarding the annual deferred energy
accounting adjustment application must include a review of each quarterly rate
adjustment and a review of the transactions and recorded costs of purchased
fuel and purchased power included in each quarterly rate adjustment and the
annual deferred energy accounting adjustment application. There is no
presumption of reasonableness or prudence for any quarterly rate adjustment or
for any transactions or recorded costs of purchased fuel and purchased power
included in any quarterly rate adjustment or the annual deferred energy
accounting adjustment application, and the electric utility has the burden of
proving reasonableness and prudence in the proceeding.

(e) The Commission shall not allow the electric utility
to recover any recorded costs of purchased fuel and purchased power which were
the result of any practice or transaction that was unreasonable or was
undertaken, managed or performed imprudently by the electric utility, and the
Commission shall order the electric utility to adjust its rates if the
Commission determines that any recorded costs of purchased fuel and purchased
power included in any quarterly rate adjustment or the annual deferred energy
accounting adjustment application were not reasonable or prudent.

10. If an electric utility files an annual deferred
energy accounting adjustment application pursuant to subsection 9 and NRS
704.187 while a general rate application is pending, the electric utility
shall:

(a) Submit with its annual deferred energy accounting
adjustment application information relating to the cost of service and rate
design; and

(b) Supplement its general rate application with the
same information, if such information was not submitted with the general rate
application.

11. A utility facility identified in a 3-year plan
submitted pursuant to NRS 704.741 and accepted by the Commission for
acquisition or construction pursuant to NRS 704.751 and the regulations adopted
pursuant thereto shall be deemed to be a prudent investment. The utility may
recover all just and reasonable costs of planning and constructing such a
facility.

12. As used in this section:

(a) Electric utility has the meaning ascribed to it
in NRS 704.187.

(b) Electric utility that primarily serves densely
populated counties means an electric utility that, with regard to the
provision of electric service, derives more of its annual gross operating
revenue in this State from customers located in counties whose population is
400,000 or more than it does from customers located in counties whose
population is less than 400,000.

(c) Electric utility that primarily serves less
densely populated counties means an electric utility that, with regard to the
provision of electric service, derives more of its annual gross operating
revenue in this State from customers located in counties whose population is
less than 400,000 than it does from customers located in counties whose
population is 400,000 or more.

704.120 1. If, upon any hearing and after due
investigation, the rates, tolls, charges, schedules or joint rates shall be
found to be unjust, unreasonable or unjustly discriminatory, or to be
preferential, or otherwise in violation of any of the provisions of this
chapter, the Commission shall have the power to fix and order substituted
therefor such rate or rates, tolls, charges or schedules as shall be just and
reasonable.

2. If it shall in like manner be found that any
regulation, measurement, practice, act or service complained of is unjust,
unreasonable, insufficient, preferential, unjustly discriminatory or otherwise
in violation of the provisions of this chapter, or if it be found that the
service is inadequate, or that any reasonable service cannot be obtained, the
Commission shall have the power to substitute therefor such other regulations,
measurements, practices, service or acts and make such order relating thereto
as may be just and reasonable.

3. When complaint is made of more than one rate,
charge or practice, the Commission may, in its discretion, order separate
hearings upon the several matters complained of and at such times and places as
it may prescribe.

4. No complaint shall at any time be dismissed because
of the absence of direct damage to the complainant.

5. The Commission may at any time, upon its own
motion, investigate any of the rates, tolls, charges, rules, regulations,
practices and service, and, after a full hearing as above provided, by order,
make such changes as may be just and reasonable, the same as if a formal
complaint had been made.

6. The provisions of this section do not apply to a
competitive supplier, except that a competitive supplier that is an incumbent
local exchange carrier is subject to the provisions of this section with regard
to:

(a) The provision of basic network service until
January 1, 2012; and

(b) Any general rate application filed by the
competitive supplier pursuant to paragraph (b) of subsection 2 of NRS
704.68877. If the competitive supplier files such a general rate application,
the general rate case proceeding must be conducted by the Commission in
accordance with this section and NRS 704.110.

7. Nothing
in this chapter shall be construed to prohibit the Commission from authorizing
an electric utility to provide reduced rates to low-income customers upon a
hearing and after due investigation.